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NOTICE ALERT IN LIGHT OF COVID-19
WHAT WE PROPOSE AND HOW WE CAN ASSIST
At Watson & Watson our clients come first. Please be assured of our continued dedicated services to all current and new clients.
As we have done in the past, we will continue to offer alternative conferencing methods ie video conferencing, skype or telephone conferences. Reviewing of all documentation provided to us prior to any initial conference will be all inclusive of our set fee. Do not hesitate to contact Shereen Da Gloria on (02) 9221 6011 should you have any concerns.
The general expectation of most people is that obtaining a divorce and having a property settlement prevents any further claims being made in the future. That is not always the case. In other website Articles, Watson & Watson discuss claims being made after divorce and property settlement for spousal maintenance and circumstances in which the Federal Circuit and Family Court of Australia might reopen a property division case.
A property division which has not been properly documented can expose a person to a claim being made against their deceased Estate following their death.
Succession Act (NSW) 2006
The Succession Act is an Act of the NSW Parliament and it contains a provision which allow claims (called Family Provision claims) to be made against the Estate of a deceased person. The Succession Act replaced earlier legislation that provided for Family Provision Orders against a deceased Estate.
There is similar legislation in all States and Territories of Australia but the provisions in those States may be different. This Article deals with the NSW legislation and Succession Act 2006.
If you reside in a different State or the deceased died in a State other than NSW, advice should be sought from a legal practitioner in the appropriate jurisdiction.
Who Can Make Claims Against a Deceased Estate?
Some people may hold the view that it might be inappropriate for a wife, child or perhaps grandchild to make a claim against your Estate. However contrary to this belief, an ex-spouse or ex-partner can make an Application to the Supreme Court of NSW for a Family Provision Order. This is called a Family Provision claim.
Who Can Make the Claim – Who is an Eligible Person?
How Long Does an Eligible Person Have to Commence Proceedings for a Family Provision Order?
An Application for a Family Provision Order must be made not later than 12 months after the date of the death of the deceased person unless the Court otherwise Orders, on sufficient cause being shown or the parties to the proceedings consent to the Application being made out of time.
When and Why Would the Court Make a Family Provision Order?
Matters to be Considered by Court
What Can you Do to Prevent Family Provision Orders Being Made Out of Your Estate – Watson & Watson Advice
As part of a property settlement Watson & Watson advise that to obtain protection from future claims from an ex-spouse or an ex-partner being made against your Estate, it is appropriate to prepare and enter into a Deed of Release under the Succession Act. Watson & Watson regularly prepare Deeds of Release and in certain circumstances make an application to the Supreme Court for approval of the Orders.
The absence of a Deed of Release under the Succession Act or Orders approving such releases leaves a person’s Estate exposed to a potential claim.
Often clients believe that obtaining a divorce and having a property settlement, will prevent any further claims being made against their Estate in the future. Properly documenting your property division is crucial to averting any future claims being made against your estate by ex spouse or partner. At Watson & Watson Lawyers our Senior Family Law Solicitors can provide advice and assist you in mitigating any future claims being made against your Estate. Do not procrastinate, please contact Richard Watson Senior Family Law Solicitor or his Personal Assistant Shereen Da Gloria to discuss your matter and seek appropriate advice.
This is only a preliminary view and is not to be taken as legal advice without first contacting Watson & Watson Solicitors on 9221 6011.
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