Lynn & Rowland Lawyers
Lynn & Rowland Lawyers, Gold Coast, Robina Family & Defacto Law
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Suite 3
29 Commerce Drive
Robina Qld 4226

P O Box 386
Robina Qld 4226

Ph: (07) 5562 0444
Fax:(07) 5578 7800

Family Provision Claims


Being left out of the Will of a person from whom you would have expected to receive a benefit, or having received a benefit which you consider insufficient, is often distressing, but you may have an option to apply to the Court for further provision out of the deceased estate.

At Lynn and Rowland our experience in litigating such disputes in Queensland Courts enables us to achieve consistently successful outcomes for our clients in this complex area.

A Will made in Queensland can be contested if it did not provide for the proper maintenance and support of eligible persons, which includes spouses, de facto spouses, former spouses, children, adopted children, step-children and dependents of the deceased.

A Dependent in Queensland is any person who was being wholly or substantially maintained or supported by the deceased at the time of the death, who is:

Family Provision Applications can be made to vary the distribution of an estate under the deceased’s will or even if the deceased did not have a will.

The Court will consider whether proper provision has been made for the Applicant and if not, what proper provision should be made. A Court will usually not make an order where the Applicant is comfortably able to provide for him or her self.

There are strict time limits in which to make an Application under the Act.

Whilst disputes of this nature often generate considerable emotion, such disputes are frequently resolved by compulsory mediation without the necessity of a Court hearing.

If you are an Executor of a Will or the Administrator of an Intestate Estate who has been approached by a beneficiary or potential beneficiary to indicate that they are going to make a claim, we can advise you and defend the proceedings on your behalf, or if you are an Executor of a Will who also wishes to make a claim against the Estate we can advise of the process to be followed.

We offer an initial no obligation 30 minute consultation without charge to discuss your rights and options.

Contact: Michael Lynn on (07) 5562-0444

 

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