This is a free CSS template provided by templatemo.com.

To arrange a free consultation please contact Anthony Thurn on 0408 464 357 or visit our Contact Page.

If you feel that inadequate provision has been made for you in the will of a family member or person you were close to, you may have a claim for provision out of the estate under the Succession Act. Anthony Thurn has experience in these claims.

Section 57 of the Succession Act 2006 provides that the following are eligible persons for the purposes of making an application for provision from a deceased estate, namely the deceased's:

• Spouse,
• Former spouse,
• De facto partner,
• Child,
• Dependent,
• Grandchild who was a member of the deceased’s household, or
• Person living in a close personal relationship with the deceased at the time of his death.

Section 60 provides that the Court may have regard to the following matters when deciding whether the applicant is an eligible person and whether to make an order for provision:

• Any family or other relationship between the applicant and the deceased person, including the nature and duration of the relationship,
• The nature and extent of any obligations or responsibilities owed by the deceased person to the applicant, to any other person in respect of whom an application has been made for a family provision order or to any beneficiary of the deceased person’s estate,
• The nature and extent of the deceased person’s estate (including any property that is, or could be, designated as notional estate of the deceased person) and of any liabilities or charges to which the estate is subject, as in existence when the application is being considered,
• The financial resources (including earning capacity) and financial needs, both present and future, of the applicant, of any other person in respect of whom an application has been made for a family provision order or of any beneficiary of the deceased person’s estate,
• If the applicant is cohabiting with another person-the financial circumstances of the other person,
• Any physical, intellectual or mental disability of the applicant, any other person in respect of whom an application has been made for a family provision order or any beneficiary of the deceased person’s estate that is in existence when the application is being considered or that may reasonably be anticipated,
• The age of the applicant when the application is being considered,
• Any contribution (whether financial or otherwise) by the applicant to the acquisition, conservation and improvement of the estate of the deceased person or to the welfare of the deceased person or the deceased person’s family, whether made before or after the deceased person’s death, for which adequate consideration (not including any pension or other benefit) was not received, by the applicant,
• Any provision made for the applicant by the deceased person, either during the deceased person’s lifetime or made from the deceased person’s estate,
• Any evidence of the testamentary intentions of the deceased person, including evidence of statements made by the deceased person,
• Whether the applicant was being maintained, either wholly or partly, by the deceased person before the deceased person’s death and, if the Court considers it relevant, the extent to which and the basis on which the deceased person did so,
• Whether any other person is liable to support the applicant,
• The character and conduct of the applicant before and after the date of the death of the deceased person,
• The conduct of any other person before and after the date of the death of the deceased person,
• Any relevant Aboriginal or Torres Strait Islander customary law,
• Any other matter the Court considers relevant, including matters in existence at the time of the deceased person’s death or at the time the application is being considered.

Duties in all Courts

The overriding purpose of the law with respect to civil proceedings is to facilitate the just, quick and cheap resolution of the real issues in the proceedings. A party to civil proceedings is under a duty to assist the court to further the overriding purpose, to participate in the processes of the court to this effect, and to comply with directions and orders of the court. A solicitor or barrister must not, by his or her conduct, cause his or her client to be put in breach of this duty. The court may take into account any failure to comply with the duties imposed on litigants and their lawyers in exercising it’s discretion with respect to costs.

Next Page