You’ve Been Left Out of a Parent’s Will: Now What?

You’ve Been Left Out of a Parent’s Will: Now What? 20 July 2023

You find out that you have been left out of your parent’s will. It’s a shocking revelation, and you’re left wondering what to do next. We explore the intricacies of family provision laws in New South Wales, and guide you through the steps you can take when faced with such a situation. So, if you’re feeling bewildered and uncertain, rest assured that you’re not alone. Let’s navigate this challenging journey together.

Understanding Family Provision Laws in NSW:

Family provision laws exist to ensure that eligible individuals receive adequate provisions from a deceased person’s estate, even if they have been excluded from the will. In New South Wales, these laws play a crucial role in protecting the rights of family members and dependents. If you have been left out of your parent’s will, these laws can provide you with legal recourse and an opportunity to challenge the distribution of assets.

The Emotional Impact of Being Left Out of a Parent’s Will:

Being left out of a parent’s will can have a profound emotional impact. It can evoke feelings of hurt, betrayal, and confusion. It’s important to acknowledge and address these emotions. Remember, you are not alone in experiencing these challenges. It’s essential to seek emotional support from friends, family, or even a therapist during this time.

Exploring Your Legal Rights and Options:

Now, let’s delve into the legal aspect of the situation. If you’ve been left out of a parent’s will, you have the right to make a family provision claim. To determine your eligibility, consider factors such as your relationship with the deceased, your financial circumstances, and any potential dependency. Consulting an experienced estate lawyer is crucial, as they can assess your case and guide you through the legal process.

Steps to Take if You’ve Been Left Out of a Parent’s Will:

To build a strong case, gather relevant evidence and documentation that supports your claim. This may include financial records, evidence of your relationship with the deceased, and any additional information that substantiates your need for provision. Remember, every case is unique, and seeking personalised legal advice will help you navigate the specific requirements and complexities of your situation.

Mediation and Alternative Dispute Resolution:

Resolving disputes through mediation or alternative dispute resolution methods can be an effective way to reach a mutually agreeable solution. Mediation allows all parties involved to engage in open dialogue, express their concerns, and explore potential compromises. It can help minimise the emotional strain and costs associated with lengthy court battles.

Seeking Professional Legal Advice:

When it comes to family provision claims, seeking professional legal advice is paramount. An experienced estate lawyer can provide personalised guidance based on your unique circumstances. They will help you understand your rights, navigate the legal process, and advocate for your best interests.

Discovering that you have been left out of a parent’s will can be a bewildering experience. However, remember that there are legal avenues available to you. By understanding family provision laws in NSW and seeking professional legal advice, you can take proactive steps towards challenging the distribution of assets. Remember, you don’t have to face this challenging situation alone. Reach out to trusted legal professionals who genuinely care about your well-being and are dedicated to guiding you through this complex process. If you find yourself in this situation, don’t hesitate—take action and assert your rights.

Our estate lawyers have extensive experience challenging wills. If you have been left out of a parent’s will, call our office on (02) 4943 3988 to speak with us. We are always here to help, and have years of experience assisting people in the Newcastle, Lake Macquarie and Hunter region.

This blog was written by Associate,
 Jessica Benson
Jessica practises in the areas of Family Law, Wills & Estate Planning,
Deceased Estates and Will disputes

We are here to help you! Contact us now.