On Tuesday I attended a 4¼ hour seminar on legal issues concerning the Family Provision Act, which was rather timely, given that we have 4 such Supreme Court actions on at the moment which involve application under the Act.
One is coming up for mediation next month. It involves a claim by a young granddaughter of the deceased, whose father predeceased his mother. She was given 2/15 by her grandmother, out of reasonably modest estate. Her uncle received the balance, under the terms of a trust, of which his children are beneficiaries. She is seeking 2/5 of the estate. Unlike the applicants’ mother, her uncle is not well off and the children are both on the severe end of the autistic spectrum. One will probably require care for life.
Our position is that the gift was more than adequate for the granddaughter’s maintenance, support, education and advancement, given her low need and the high need of the competing beneficiaries.
If you found this article helpful, please consider providing a Google Review and/or like us on Facebook and LinkedIn. For help and advice on issues with Family Provision claims contact Michael Paterson & Associates (08) 9443 5383 | www.patersons.com.au