Losing a loved one is never easy, and dealing with the legal complexities of their estate can make it even harder. Sometimes, a will does not adequately provide for all eligible beneficiaries or dependants, leaving certain individuals feeling overlooked or unfairly treated. In these circumstances, a Further and Better Provision (‘FBP’) application may offer a pathway to ensure your legal entitlements are properly recognised.
What is a Further and Better Provision Application?
An FBP application is a legal process that allows eligible individuals to request a larger share of an estate than what was originally left to them under a will. This is particularly relevant for:
- Children of the deceased (including adult children);
- Spouses or de facto partners;
- Individuals who were financially dependent on the deceased.
A FBP application is not to override the wishes of your loved one, but to ensure that their estate is distributed fairly according to the needs of dependants and the circumstances surrounding the family.
When Might an FBP Application Be Appropriate?
Common situations that may lead to an FBP application include:
- A will that fails to account for a dependent’s ongoing financial needs;
- Significant changes in a beneficiary’s circumstances since the will was made; or
- Exclusion from a will due to family disputes or oversight.
The Legal Process
Making an FBP application involves navigating complex estate law procedures. Key steps include:
- Assessment of Eligibility: Determining if you are a legal beneficiary or dependant under the relevant legislation.
- Notifying the Executor: The executor must be notified in writing of a dependant’s intention to contest the Will within 6 months of death.
- Financial Review: Evaluating the estate, your financial needs, and other claims.
- Lodging the Application: Filing the claim with the Court within 9 months from the date of death.
- Negotiation or Litigation: Many cases are resolved through negotiation or mediation, but some may proceed to court hearings
Why You Need Expert Legal Advice
FBP applications can be highly nuanced, and outcomes often depend on careful preparation, documentation, and strategic negotiation. Experienced legal guidance ensures that:
- Your claim is properly framed and supported by evidence;
- Your interests are vigorously represented in negotiations or court proceedings; and
- You maximise your chances of a fair outcome without unnecessary delays.
