FPA Applications

If you believe you have not been adequately provided for under a Will one of the most common ways to challenge a Will is through the Family Provisions Act 1982 (FPA 1982). This Act has been amended by the Succession Act 2006 (SA 2006) and the new amendment to that Act.

The amending Act is called the Succession Amendment (Family Provisions) Act 2008 (SAA 2008) and commences as at 1 March 2009. The amendment Act inserts Chapter 3 in the Succession Act 2006 which covers family provision.

Two important changes as compared to the old Family Provisions 1982 are:

(1) the definition of a 'close personal relationship' now defined to add those with whom the deceased was living in a close personal relationship; and

(2) a person must now bring an Application to rectify a Will within 12 months of the death of the testator.

Due to the complexity in applying the new provisions of the amending Act, if you are contemplating a challenge you should contact us immediately.