We provide advice as to how best to deal with situations where a close family member dies and someone is denied their legal entitlement or a person who promised to provide for someone in their will dies and does not make such provision.
About our Family Protection Services
The law provides for a number of potential forms of relief for people who may otherwise be denied their legal entitlements when a close family member or a person who has made a promise to make provision in their Will has died. We have developed a compassionate and common sense approach to deal with cases of this nature, acting for both claimants and respondents.
Your Family Law Specialists
Frequently Asked Questions
Sometimes people lose capacity to make decisions about their welfare or managing their property and need others to make these decisions for them. Unless Enduring Powers of Attorney have been made while the person requiring assistance (the subject person) has capacity an application under the Protection of Personal Property Rights Act to the Family Court will be necessary.
You will likely need help with the application, help with understanding what your ongoing commitments will be and how the process works. The Court requires specific information to be provided to it before it will consider an application. This will need to be presented in an affidavit and medical evidence as to the subject person's incapacity will be required.
The Court will appoint a lawyer to represent the interests of the subject person and the person appointed by the Court to act as welfare guardian and/or property manager will have ongoing reporting obligations to the Court.
