This week we received an e-mail from a lady whose step-son has served a Family Provision claim on her and his half-brother, his father having made no provision for him at all in his Will.
We sent her back an e-mail seeking the relevant information, because the step-son has to prove both need and that no adequate provisions had been made.
We suspect that provision was made for the son before the father passed away or there are drug issues.
So, among other things, we’ve sought:
- details of a housing loan where the father was a co-borrower, but the son was the sole owner of the property;
- details of any other provision made for the son during his father’s lifetime
- details of assets and liabilities, income and expenditure of the widowed client and ditto for the brother, because any money the brother gets will come out of the share that they were left.
We also advised her that this litigation can be expensive, stressful and time-consuming and should be settled if at all possible.
For assistance with Family Provision disputes, see Michael Paterson & Associates