Family Provision

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MAKING A FAMILY PROVISION CLAIM

Some family members may be entitled to make a family provision claim under the Succession Act 2006 to vary the terms of a will.

If you are an ‘eligible person’ under this Act, you will need to seek an order from the Supreme Court, and we can act on your behalf. We can also act for  an executor in defending such a claim.

We will take appropriate instruction, prepare documents, attend court for mentions and other preliminary steps, and engage counsel at the hearing.

It is now compulsory to have mediation of family provision claims before listing for a hearing. These mediations can produce some surprising results and resolve matters even if it appeared to be impossible at the outset.

This can save a great deal of time, cost and anxiety by helping both parties come to an agreement without the uncertainty of the outcome of a hearing before a Judge.

Ask us about the process involved in defending or making a family provision claim

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