26/11/2025
Today’s Legalwise webinar, Estates Disputes and Blended Families, provided insight into the complexities of estate disputes within blended families. A paper written by Amanda Donovan and Ben Jefferson can be acquired directly from Legalwise.
Family law associate Ben Jefferson discussed the interrelationship between the Property (Relationships) Act and Family Protection Act, and important considerations in bringing a Family Protection Act claim.
Below are some key takeaways:
1. Testamentary freedom has limits. While many assume a will is final, the Property (Relationships) Act 1976 (PRA) and Family Protection Act 1955) have additional provisions to assist surviving spouses and partners. Courts balance the deceased’s intentions with the moral duty owed to survivors.
2. The PRA election: Two paths Survivors must choose between:
Option A: Claiming a share of relationship property (generally, forfeiting entitlements under the will/intestacy).
Option B: Accepting what’s provided under the will/intestacy (and any jointly held property).
3. “Top-Up” claims under the FPA. If neither option provides adequate support, survivors can seek further provision (“top-up” claims) under the FPA. The courts focus on whether the deceased met their moral duty for maintenance and support, not just fairness.
4. Contracting out agreements are not always final. Even with a contracting out agreement (a prenuptial agreement), survivors may still have rights under the will or intestacy unless the agreement clearly excludes those rights. Recent case law confirms the need for precise language in such agreements.
5. Timing & process matter Strict deadlines apply: PRA elections must be made within 6 months of probate, and FPA claims within 12 months. Early legal advice and notification to executors are crucial. Waiting out the 12 months could be too late.
If you would like to learn more about how the Family Protection Act may apply to your circumstances, or if you have concerns about entitlements and estate planning in blended families, contact Amanda Donovan on 09 306 0620 or [email protected], or Ben Jefferson on 09 306 0613 or [email protected].
