Too often we hear from clients “well if I leave so and so $1 they won’t be able to contest my Will”. Unfortunately, this is legally incorrect. In Queensland, the Succession Act provides that a family provision claim may be made by a child, spouse or dependant of a deceased person if inadequate provision has been made for them. To determine if any or further provision should be made for an applicant, the Court will consider several factors, including but not limited to;
- The deceased’s estate (the overall value of the assets);
- The applicant’s personal circumstances (health and wellbeing);
- The applicant’s financial circumstances (if the applicant has a financial need for provision); and
- The relationship between the deceased and the applicant.
There is no one size fits all when it comes to protecting your estate against a family provision claim, however there may be some options available to you. If you would like tailor-made advice on how best to protect your estate, contact McNamara Law on 1300 285 888 or email estates@mcna.com.au to arrange an appointment with one of our experienced Wills & Estates Solicitors.
