Assets from people who have died or who are better known as inheritance can indeed become a big problem in the family if the distribution is deemed unfair.
The inheritance which is distributed appropriately and in accordance with the applicable law is also appropriate to minimize the possibility of conflict between family members.
If you feel that your statutory rights are not fulfilled properly in the family, you don’t need to worry because you can claim the fulfillment of your rights with the help of family provisions.
What is a Family Provision Claim?
A family provision claim is a fatwa application to the Supreme Court so that you get a share or a larger share of the assets of a deceased person.
You can submit a family claim to the court within 12 months from the date of death of the deceased.
There is no have to be compelled to get an Endorsement grant or a Letter of Administration grant before making an application for family provisions.
What Are The Conditions That Must Be Met to Make a Family Provision Claim?
The process of demanding the fulfillment of this family provision claim is not a quick or straightforward process because you as the prosecutor must meet a number of criteria before the prospective plaintiff is successful.
You can make a family provision claim if you are an ‘eligible person’, a person who has been left out of a will, or a person who doesn’t receive what you think you are entitled to receive.
More specifically, you can make this claim if you meet the following conditions:
• Wife or husband of the deceased
• A person living in a de facto relationship with the deceased (including same-sex partners)
• Children of the deceased (including adopted children)
• Former wife or deceased husband
• A person who at a particular time, is fully or partially hooked into the deceased, and who may be a grandson of the deceased or at a particular time may be a member of an equivalent household because the deceased
• A person with whom the deceased lived in a close personal relationship at the time of the death of the deceased.
You Need to Know About Family Provision Claim!
Many claims of family decisions can be resolved without the need to have a court hearing in front of a judge.
The parties involved can carry out informal negotiations prior to the commencement of the trial.
In addition, a formal mediation process can also assist many estates in reaching their resolution without incurring the cost of a full day (or days) of court proceedings.
However, if you are still not sure whether you are a qualified person, then you should get legal advice first.
This process will be made easier with the help of a lawyer.
You can easily find this in Litigant which provides litigation services to help you handle litigation and your rights.
With the help of this Litigant, your rights will be handled privately by the Main Lawyer without being handed the chains.