Davityan Lawyers and York Immigration Services Australia are proud to announce we have merged to establish
Verde Lawyers.
Family
Provision
The death of a loved one is a difficult time for everyone involved. That stress grows when you believe a will has left you out, or has not provided for you fairly.
Verde Lawyers understands how hard this period can be. Our experienced team will work closely with you to understand your circumstances and goals, explain your options clearly and pursue the best possible outcome. We aim to resolve your matter efficiently, limit the strain on family relationships and help you continue to honour your loved one.
Who can make a claim?
Under the Succession Act 2006 (NSW), the following people may apply to the Supreme Court of NSW for provision, or further provision, from a deceased person's estate:
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a spouse or de facto partner of the deceased at the time of death
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a child of the deceased
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a former spouse
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a grandchild, or a member of the deceased's household, who was wholly or partly dependent on the deceased
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a person in a close personal relationship with the deceased at the time of death
Former spouses, dependants and people in a close personal relationship must also show factors that warrant the claim.
The Court asks whether the deceased left adequate provision for the applicant's proper maintenance, education and advancement in life. A claim can also reach assets that pass outside the will, such as jointly owned property, superannuation and gifts made before death, which the Court may treat as part of the estate.
Time limits
A claim must be filed within 12 months of the date of death. The Court will only accept a late claim where there is sufficient cause, so seek advice as early as possible.
We are able to assist you with:
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Understanding the family provision process
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Assessing the strength of your claim
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Preparing and filing your claim
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Defending a claim on behalf of an executor or beneficiary
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Family Provision Mediation
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Negotiating a settlement
Most family provision claims are resolved at mediation before they reach a final hearing. Verde Lawyers is a Nationally Accredited Mediator, and we can support you through this process.
We look forward to meeting you at an initial consultation, where we can give you specific advice about the strategies and options available for your circumstances.
