NSW Family Provision Claim - Declaring Property Overseas?

[Kristy64]

Hi,

Can anything be done if a plaintiff is submitting an affidavit for a Family Provisions claim but is not declaring property that is owned overseas by the plaintiffs spouse?

I know that investigations and searches can be made for undeclared property within Australia but what happens if the undeclared property is owned overseas?

Regards

 

[Victoria S]

I believe there are international investigation agents that you can use to try to find overseas assets, but I have never used one.

 

[ClareB]

Hi Kristy64,

As you may know, in order for an 'eligible person' to make a family provision claim against the Will, they need to lodge an application with a supporting affidavit, which sets out their circumstances including their own and their partner's assets and liabilities. For your interest, this affidavit can be found at: Family Provision and Succession forms

Even though the assets may be in their spouse's name and overseas, they are still required to be included in the supporting affidavit.

It is generally up to the Executor of the Will to lodge a responding affidavit to the Court setting out concerns that they have with the applicant's affidavit.

This area does become quite complex and it may be the case that the Court orders that the affected parties attend mediation.

I hope the above provides you with some clarification, however in order to ensure that the estate is distributed fairly between all parties, I suggest that you seek legal advice.

 

[Kristy64]

Thanks very much for your replies and information Victoria and Clare.