A claim for provision from an Estate can be made when a person (“the claimant”) is entitled to more provision from the Deceased’s estate than the Will provides. This is commonly known as a “Testator’s Family Maintenance” (TFM) claim or a Part IV claim.
If you have lost your job, your business has suffered loss or you are otherwise struggling and in financial need or hardship, your prospects of a successful Part IV claim may be significantly increased.
While a number of factors are considered, one of the key issues involves the financial resources of the claimant. This includes the claimant’s earning capacity and the financial needs of the person at the time of the claim and in the future. If the claimant lacks sufficient funds for his or her own proper maintenance and support, then the claimant may be entitled to greater provision from the Estate than the amount given in the Will.
Every situation is different, so to arrange an online, obligation-free consultation with one of our experienced Will dispute lawyers, please call us on 03 9870 9870.
