How do I provide for my children after death?

The concept of end-of-life can be daunting; however, it is important to understand the need for preparing a Will that is valid and distributed accurately. There are several provisions and different criteria that divides the Estate of a deceased person to their family.

The Court has the power to order financial provisions to be made out of the Estate of a deceased person for the ‘proper maintenance and support’ of a person ‘for whom he or she had responsibility to make provision’.

The freedom to make a Will on whatever terms one wishes is limited by the overriding consideration that a person must discharge his or her moral responsibility to provide for one’s spouse, children or others.

The court considers various factors to determine whether the deceased had a responsibility to make provision for a person and whether the proposed distribution of the Estate, as contemplated under the deceased’s Will or rules of intestacy, makes adequate provision for the proper maintenance and support of that person/persons.

An applicant must show that the deceased had a responsibility to make provisions or further provisions for that person. No class of person is excluded but financial considerations must be taken into account in making a claim of this nature as an applicant will not only be liable for his/her own costs but also, the estate costs if the applicant’s claim is dismissed.

The table below sets out the eligibility criteria and time limits that apply to family provision claims in Australia.

It is extremely important to make sure that your Will adequately provides for your family, and dependants. This will reduce the costs involved in administrating your Estate and prevent your Will from being contested. It will also mean that your loved ones will not have the burden of making a family provision claim.

If you need more information or want to talk with a Lawyer in relation to Wills and Estates matters, Wills & Estates Lawyers are experienced in this area and are qualified to provide detailed advice in relation to your individual circumstances.

Phone 1800 22 33 90


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