Beginner’s Guide to a Testator Family Maintenance Claim in Will Disputes
The loss of a loved one is traumatic enough, but will disputes can further enhance the unpleasantness of the grieving process. One of the most prevalent problems is where family members feel that they have not been adequately provided for in a will. This is where a Testator Family Maintenance (TFM) claim enters the picture, here in Australia.
What is a Testator Family Maintenance Claim?
A TFM claim allows eligible family members to seek reasonable provision from the estate of a late person where they were unfairly omitted or not well catered for in the late person’s will. The application is under the law of succession in Australian states and territories and is meant to foster fairness in families. While wills provide testators with freedom to dispose of their property to whoever they wish, the law protects dependent relatives from being unfairly excluded.
Who Can Make a Claim?
Entitlement to claim a TFM differs between states in Australia, but spouses, de facto spouses, children (biological, adopted, and in certain cases stepchildren), and sometimes grandchildren are generally eligible. People capable of proving financial dependency on the deceased or moral liability owed by the deceased to them might be entitled. It is necessary to refer to your state’s specific legislation, for example, the Succession Act, for entitlement in your case.
Time Limits for Bringing a Claim
Time is of the essence with a TFM claim. Time for filing varies but is usually between three months and twelve months from the date of death or grant of probate, whichever is earlier, depending on the jurisdiction. Backdated claims can be made, but they need to be sanctioned in court and are subject to further scrutiny when made. Getting an attorney such as Velocity Legal on board early saves you from missing the strict deadlines.
Evidence Required to Prove a Claim
It is all about providing solid evidence when it comes to winning a TFM claim. The courts require information regarding your relationship with the deceased, your financial needs, and the size and nature of the estate. This may be in the form of bank statements, proof of financial dependency, and proof of the deceased’s relationships or obligations. Third-party and family member statements may be accepted. The stronger your evidence, the stronger your case.
Factors Considered by the Court
When making a decision on a claim, the courts weigh up a range of factors, including the claimant’s circumstances, the relationship between the claimant and the testator, and whether or not the deceased was under a moral or financial obligation to the claimant. They consider the will, the needs of the other beneficiaries, and the size of the estate. Every situation is unique, and the judgments are made in terms of fairness for all parties.
The Estate Planning Attorney’s Role
TFM claims are complicated, and it is intimidating to deal with them without a professional. Estate planning attorneys have an important role to play as they determine the merits of the claim, provide evidence, and negotiate to settle out of court. In the case of the executor, they act in the estate’s interest and carry out the wishes of the testator within the limits set by the law. Whether you’re an executor or a claimant, having an experienced estate planning attorney on your side makes things clear and puts you on the path to the best possible outcome.
Where to Go From Here
TFM claims are an important tool to secure fairness balance in will dispute cases, but need to be carefully steered through procedure and law. Early legal counsel, a concern for entitlement, and the assembly of strong evidence can be the turning point. Whether as a beneficiary in bringing a claim or an executor facing a claim, awareness is the starting point to resolving these difficult and often emotional cases successfully.
