What's happening?
When a family provision claim is brought against an estate, the executor is generally required to respond on behalf of the estate, and other beneficiaries may also wish to be heard given the outcome can affect their entitlements. Responding to a claim involves gathering evidence about the estate, the deceased's wishes and the claimant's circumstances.
What could it mean for me?
- Executors have a duty to properly respond to a claim rather than simply accepting it without consideration
- The costs of defending a claim are often paid from the estate, which can reduce what is ultimately available for distribution
- Delaying a response can affect the estate's position and increase costs
- Beneficiaries other than the executor may also have standing to be heard in the proceedings
What are my options?
- Obtain early advice on the merits of the claim brought against the estate
- Gather evidence relevant to the deceased's intentions and the claimant's circumstances
- Explore a negotiated resolution to limit costs and delay to the estate
- Defend the claim through Supreme Court proceedings if a resolution cannot be reached
What happens next?
- We review the claim and advise on the estate's position
- We gather evidence relevant to responding to the claim
- We explore whether the matter can be resolved through negotiation or mediation
- We represent the estate in Supreme Court proceedings if required
How can MGE Lawyers help?
We advise and represent executors and beneficiaries responding to family provision claims, aiming to protect the interests of the estate while working towards an efficient resolution where possible.