The RMB Wills and Estates Division outlines what to do if you feel unfairly treated in your parent’s Will:
If you are an adult child who feels you haven’t been properly provided for in your parent’s Will, you can make a family provision application.
This legal process is designed to make sure that deserving family members receive a fair share of the estate, even if they are no longer financially dependent on the parent.
To apply, you need to file your application within 12 months of your parent’s death. If you miss this deadline, you may still be able to apply if there’s a good reason, such as not knowing about the death or the Will.
When deciding whether to grant your claim, the court looks at several factors. These include your financial situation, your relationship with your parent, the size of the estate, and whether anyone else is also making a claim. The court also takes into account what your parent said in their Will, but the Will isn’t the final say.
The court knows that the relationship between an adult child and their parent can vary a lot. It will consider things like your age, health, and financial needs, as well as any help or contributions you made to your parent’s welfare or estate. If you have a disability or special needs, this will also be taken into account.
To start the process, you’ll need to file some paperwork, including an affidavit that explains your situation and your relationship with your parent. The executor of the estate and other family members can respond. Mediation is often encouraged to try and settle the matter before going to a full court hearing, which can save time and money.
Family provision applications by adult children can be complicated and emotional, especially if other family members disagree with your claim.
Getting legal advice is important to help you understand the process, gather the right evidence, and make a strong case. A lawyer can also help you negotiate a settlement to avoid a stressful and costly court hearing.
The main aim of a family provision application by an adult child is to ensure that deserving family members get a fair share of the estate. By understanding how the court makes its decision, you can better advocate for your rights.
If you believe you haven’t been properly provided for in your parent’s will, contact RMB Lawyers today for help. Your first step should be to contact our office to arrange a consultation. You can contact us by by phone or our 'Ask a Question' tool on our website.