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NSW Deceased Estate - Making Family Provision Claim in Another State

Discussion in 'Wills and Estate Planning Law Forum' started by Steve500, 16 April 2015.

  1. Steve500

    Steve500 Well-Known Member

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    Family Provision Claim:
    I want some general help regarding family provision claims.

    Hypothetical Example I’ll use to make my point:
    -Someone lives 75 out of 80 years in NSW, and dies in QLD aged 80.

    He made wills in NSW. But place of death where they resided, final will, and deceased’s final will was granted probate in QLD.

    Can someone making a family provision claim on a deceased estate, does it have to be based on the Family Provision Act in that state (state which Deceased resided in at time of death/final will made/and state where will went to probate), or can someone residing in NSW for example, make a NSW Family provision claim based on a QLD will granted probate in QLD?

    -As I notice each State/Territory's Family Provision Act is commonly different e.g (eligibility / rights / laws / rules for Adopted Children, Step-Children and Grandchildren who want to make a Family Provision Claim, as just one example of the differences that exist). Also other important differences e.g Time allowed from Deceased's death to make a family provision Claim.
     
  2. Sophea

    Sophea Well-Known Member

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    Yes. What you are trying to do is called forum shopping. Trying to have your matter heard in the place with most favourable laws, and no its not allowed. If probate is in Qld the Qld Succession Act will apply.
     
  3. Steve500

    Steve500 Well-Known Member

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    Thank you Sophia makes sense, good summary , forum shopping is the key line here.
     
  4. bluetongue

    bluetongue Well-Known Member

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    If the deceased had assets in NSW especially property, the Will may have to be resealed in NSW in order to allow the transfer of any of the NSW based assets to beneficiaries. If a reseal occurs, a provision claim in the NSW Supreme Court could be considered.
     
  5. Steve500

    Steve500 Well-Known Member

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    bluetongue, thats a good point with Assets in another state. The question is what if there's Assets in 2-states (NSW/QLD)? And the person making a claim is entitled to both assets in the 2-states. i'd imagine only 1 family provision claim would be made, as doing 2 on the same-Estate would seem a bit silly.
     

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