 Estate Planning
Care must be taken when preparing a will. These days, thought must be given not only to the persons you wish to benefit but also to any particular person you specifically wish to exclude from your will.
A person who believes that they should have benefited from your will after your death may bring an action commonly known as a Part IV claim. This type of claim may result in considerable legal costs being incurred which are frequently born by the estate of the deceased. This ends up diminishing the final value of the estate available for distribution to the beneficiaries.
As a result, it would be better to discuss your particular situation to determine the best course of action during the preparation of your will.
Have you been left out of a will?
If you have and you feel that you should have received some sort of benefit, then we can help you review your situation. You may have grounds for a Part IV claim. Under the law, a court may in certain circumstances grant an order that further provision be awarded out of the estate of a deceased person in favour of a claimant where:
- the deceased owed a duty to make adequate provision for the proper maintenance and support of the claimant, and
- there has been a failure by the deceased to perform such duty in the dispositions made under their will.
Naturally, whether an order for further provision will be made by a court will depend on all the circumstances of the particular case. It must be kept in mind that a court can only rectify a failure to make provision for adequate maintenance and support of a claimant- it cannot re-write a will.
There are several matters which the court will take into account, for example:
- the nature of the relationship between the claimant and the deceased,
- any obligations or responsibilities of the deceased to the claimant,
- the size and nature of the estate of the deceased including outstanding liabilities,
- the financial resources and financial needs of the claimant,
- any form of disability which the claimant may have,
- the age of the claimant,
and there are various others. Naturally, the process of review can become quite complex as the various matters are taken in account.
Please contact us if you wish to have your specific situation comprehensively reviewed to determine whether you have adequate grounds for a Part IV claim.
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Part IV Claims
