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NSW Estrangement from Parent - Does Child have Entitlement to the Will?

Discussion in 'Wills and Estate Planning Law Forum' started by dotty, 22 September 2015.

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  1. dotty

    dotty Member

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    If a child has been estranged from a parent for over 25 years and they haven't been left in their Will, what are the chances of them receiving an entitlement?
     
  2. James D. Ford - Solicitor

    James D. Ford - Solicitor Well-Known Member

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    Pursuant to NSW legislation, a child is eligible to make a Family Provision Claim to the Courts for a provision to be made for them in the Will.

    When did the parent pass away?

    Time for making an application

    An application for a Family Provision order by an eligible person can be made at any time within 12 months after the date of death of the deceased person.

    It can sometimes be possible for an agreement or settlement to be reached outside of Court with the Executors of the estate, to avoid excessive legal costs being paid from the estate in responding to a Family Provision claim, which is not in any of the beneficiaries interest, as it means there are less funds in the estate available for distribution to beneficiaries.

    Kind regards
     

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