Most people either don’t make a Will because they think their wishes won’t take effect or they execute a poorly drafted document which can burden their Executor with having to defend a Family Provision claim with no evidence of why they did what they did.
A Family Provision claim is an application made by an eligible person (spouse, child, dependent etc.) to the Supreme Court seeking that they receive a greater share of your estate to adequately provide for their proper education, maintenance and advancement in life.
You cannot prevent an eligible person from bringing a Family Provision claim. What you can do is attempt to insulate your estate by executing a Statutory Declaration to accompany your Will.
A Statutory Declaration setting out your reasons for distributing your estate in the manner outlined in your Will can:
- Reduce the likelihood of a claim being made because it explains your reasoning; and
- If a claim is made, reduce the likelihood of it succeeding because it provides the Court with insight into your wishes, information which is not otherwise available and is of invaluable assistance in determining the outcome of proceedings.
The friendly and experienced Solicitors at Everingham Solomons can assist you with all of your Estate Planning needs because Helping You is Our Business.
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