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Family Provisions Claim
ANy suggestions would be welcome that would help empower me int he face of this procedure …
My mother passed away April 2024, she left ample provision for my sister and I and our children in her will. She was in a coercive relationships with her husband. He was made the sole executor of her will. He has not executed the will or lodged probate, instead his solicitor advised there was nothing in the estate left to distribute (she left over one million $ plus jewellery, which was apparently stolen). I wouldn’t be surprised if he ahas gambled it all away, however, I feel he should be held accountable for providing the evidence of that. As I don’t have a partner or a substantial income at present Ive opted to put forward my own family provisions claim (as I am an eligible person) at the supreme court, NSW. The documents (summons, affadavit and annexures) are being lodged as I write this.I want to know what words and understandings I could use to feel empowered in any mediation, or future legal conversation with the defendants solicitors. Any ideas?? Thank you!!
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6 Replies
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Always ask questions prepare for any meeting with knowledge and maybe have a script to take in with you. Answer any questions with a question. He is the one who needs to explain himself and provide evidence if he is claiming there is nothing left in the estate. Do you have a copy of her will? Did she specify that anything would go to you? Maybe get some free legal advice (look for a Community Law centre, that’s what they call them in NZ and they have a lawyer available for free advice, I think you need to be on a low income though) on the question of whether you are entitled to anything? Here’s another avenue you could try.. https://www.justanswer.com/sip/australia-law?r=ppc|ga|1||law-australia|&JPKW=lawyer%20australia&JPDC=S&JPST=&JPAD=700916930781&JPMT=b&JPNW=g&JPAF=txt&JPRC=1&JPCD=&JPOP=&cmpid=21333852636&agid=168712268611&fiid=&tgtid=kwd-258188617&ntw=g&dvc=c&gad_source=1&gclid=EAIaIQobChMImq3a4NzTiwMV6qNmAh0dagqvEAAYBCAAEgK1U_D_BwE
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yes we have the will … $250,000 left to me. I am on low income… (couldnt be much lower at the moment!). I have tried all community/ legal aid sources i could find … they dont do family provisions claims. I spoke to one solicitor (free service) and I was more knowledgeable on the topic than him – at least he was humble enough to admit it!😕
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Thankyou for all other suggestions!! much appreciated!
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Here’s some more information you may have already seen… https://safewill.com/blog/posts/spousal-inheritance-rights-in-australia
safewill.com
A guide to spousal inheritance rights in Australia | Safewill Answers
Inheritance rights for spouses have a huge influence on the distribution of assets in a deceased estate. Understanding these rights is vital for families.
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Thanks … my concern is … as an eligible child, my mother DID leave me assets in her will. The problem is the executor is failing to distribute those assets. IM not totally sure the court deals with that it seems like a grey little niche hiding in amongst all other situations .. they definitely get involved if you haven’t been left provisions … anyway. guess ill just ride the wave and lean into the experience 😂
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Absolutely! You go for it!
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