It can be a very difficult time when someone passes away. Often family left behind are concerned whether they are included in the Will. Some family members will have been financially dependent on the deceased person prior to their death and may have relied on their income for their living expenses. It can be challenging when there is a blended family, for example it is common for a person to leave behind a spouse and children from a prior relationship. It is especially difficult when family members do not communicate with each other. 

If you are unsure of your rights after the passing of a family member, it is a good idea to get advice as early as possible. A lawyer can help you to obtain information to assist you to understand your position, for example copies of the Will, title to the property, statement of assets and liabilities. 

There are also time limits that apply if you do decide you wish to challenge the Will. For example, if you wish to apply for provision from a Will then the law requires you to make an application within 6 months of the grant of Probate, otherwise you need to apply to the Court for leave to file an application outside of the timeframe. This can be a costly additional step to take.

Sometimes obtaining advice early on can alleviate some of the concerns you may have and enable you to obtain a quick and cost-effective outcome. Furthermore, if you obtain advice promptly you will be aware of any timeframe to act and can make an informed decision about how you wish to proceed.