Family Provision Wandi
A Family Provision Wandi claim arises where a person, either under a will or through the laws of intestacy, has been left without adequate provision for their proper maintenance, support, education and advancement in life from the estate of the deceased.
If you believe this applies to you, you may be able to make a claim against the will to ensure you are provided adequate provision. We can assist in your case, working to ensure you get the best result possible.
Tell Us How Can We Assist
Family Provision Claims Wandi
The Family Provisions Act 1972 (WA) provides that, where a person, either under a will or through the laws of intestacy, has been left without adequate provision for their proper maintenance, support, education and advancement in life from the estate of a deceased, that person may apply to the Court for an order that adequate provision be made. The test is not whether the distribution to a person is unfair as this would derogate from the deceased’s freedom of testamentary disposition.
1. Who Can Apply for Family Provision Wandi?
You can make an application if you are one of the following:
- A spouse or de facto partner
- A former spouse who was being financially supported by the deceased at the time of their death
- The deceased’s children, including stepchildren and adopted children
- Grandchildren
- A parent
2. Timeframe to Apply
You have 6 months from when the Administrator/Executor is appointed to make an application. If you miss this deadline, you’ll need to convince the Court that there’s a good reason for it. It’s best to get your application in before the 6 months is up to avoid complications.
3. Unsure of What You Were Left in a Will?
To find out what you’ve been left in a Will, you’ll need to ask the Court for a copy of the Grant of Probate or Letters of Administration. Keep in mind, it can take up to 2 months from the time of application for the Court to grant this to the executor or administrator. Since applying isn’t usually the first thing on people’s minds after a death, it’s often a good idea to wait a couple of months before checking the probate records at the Supreme Court.
4. What Does “Proper Maintenance, Education, and Advancement in Life” Mean?
This covers providing life’s necessities and can go beyond just basic living expenses. It also aims to help improve the applicant’s opportunities and overall prospects in life.
5. What the Court Considers
The Court will look at what the applicant needs before deciding if enough provision was made for them. Each case is unique, and several factors come into play, including financial needs and any moral claims based on the relationship with the deceased.
The Relationship
The nature and depth of the relationship between the deceased and the applicant is important. This includes:- Services or sacrifices the applicant made for the deceased
- Contributions towards building the deceased’s estate
- Interactions and conduct between them
- Financial support the deceased provided
- The applicant’s age (generally, obligations lessen as children grow older but can increase again around retirement age)
- Size of the estate (larger estates may come with greater responsibilities to provide)
Common FAQ about Family Provision Wandi
The Act allows applications from spouses (including de facto partners), former spouses receiving support at the time of death, children (including stepchildren and adopted children), grandchildren, and parents of the deceased.
You must submit your application within 6 months of the Administrator/Executor being appointed. If you miss this deadline, you will need to show the Court why it is fair to let you apply late.
You can request a copy of the Grant of Probate or Letters of Administration from the Court. However, it may take up to 2 months for the Court to process this after someone passes away, so it’s usually best to wait before making a formal request.
It refers to ensuring you have the necessities of life, but can also extend to helping you improve your life prospects and opportunities.
Yes, they are different. Letters of Administration with Will annexed are only made if there is no executor to make an application, that is if there is a will but the will-maker didn’t appoint an executor or the only executor named in the Will is deceased, unable, or unwilling to act.
For comprehensive assistance with probate matters, contact Perth Probate Lawyer. Our experienced team is here to guide you through every step of the process.