When your relatives die, you hope that they will leave you behind some assets which will make your life much more comfortable. You will be able to plan for your retirement if you receive a large amount of money, or you may receive some property that you can live in and sell on at a later date.
Sometimes, you might feel that you have been cut out of a will if you are left with nothing after your relative passes on. This can be extremely distressing and can cause family members to stop speaking to one another.
You will need to be completely aware of your rights when you are trying to challenge a will. You are protected by the Family Provision Act.
How Does The Family Provision Act Help You?
The family provision act in NSW states that people have a responsibility to try and provide for their family after they have passed away. This can be in the form of money, property or other assets which can then be sold in order to raise money.
The will should be updated on a regular basis to make sure that people are kept up to date with how the testator wants their possessions to be divided up. Outdated wills that were made a long time before the person died are not very useful because they don’t take into account the fact that circumstances may have changed by the time that the person has died.
What Are The Most Common Reasons That People Are Left Out Of Wills?
There are lots of different reasons that people are left out of wills. This can be an upsetting thing to deal with, no matter what the circumstances are. There are several reasons why some people will be cut out of the will completely.
Adopted Son Or Daughter Falls Out With Adoptive Parents
When you are adopted, you want to live in a happy and secure family environment. Most adopted children live in a stable situation and they are included in the wills of their adoptive parents. However, your relationship with your adopted parents might not always be harmonious and they could eventually break off all ties with you. This includes not putting you in your will, so in the end, you inherit nothing at all.
If you are an adopted child who has been left out of the will, then you can make a claim on your deceased adoptive parents’ assets.
A Grandchild Was Left Out Of The Will By The Grandparents
Grandparents often want to leave their grandchildren some money, especially if the child is about to enter university or they require expensive medical care. This will help the child to develop later on in their life.
However, some grandparents may choose to cut the grandchild out of the will, so this is something that can be contested.
You need to make sure that you qualify to make a will challenge depending on your individual cicrumstances.