If a family member dies, and their will does not adequately provide for you, all is not lost. The law may allow you to contest a will if it does not make adequate provision for you. This is known as a ‘family provision claim’.

What is a Family Provision claim?

Successful family provision claims involve the Supreme Court essentially rewriting the will, to ensure that the person bringing the claim is given adequate provision. In other words, if you have been left out of the will or otherwise given an amount that you believe falls short of what is reasonable, a family provision claim can right the wrongs of the will.

Somerville Legal’s wills and estates team has brought many successful family provision claims, with significant amounts of the estate awarded to people who would otherwise have received little or nothing from the will.

Who can make a claim?

To make a claim, you must be an ‘eligible person’. This is a wide category, which includes spouses, de facto partners and children, and even includes former spouses or grandchildren, if they were part of the household of the deceased.

What if I cannot afford it?

Unfortunately, for many people who have been left out of a will or treated unfairly, the cost of bringing legal proceedings is too high for them to consider pursuing justice. Indeed, many people with a strong claim feel that if they had the money to go to court, they would not need to bring a claim. For those people, we offer a special ‘no win no fee’ arrangement, which ensures that our legal costs are only payable in the event of the claim being successful.

Free consultation

Our experienced team, headed up by Law Society accredited specialist Stephen Lynch, will meet with you for a free 30 minute consultation to discuss your claim and to determine if you are eligible for a no win no fee arrangement. Even where a no win no fee arrangement is not possible, there are other options available to someone considering bringing a claim and these can be discussed with you in that meeting.

For further information about contesting a will and no win no fee arrangements, please contact us on (02) 9923 2321 or email enquiries@somervillelegal.com.au.