Where a person disappears and has not been heard from for a period of 7 years by their friends, family or colleagues, they may be presumed dead. If the presumption of death applies, and the person has left property behind, the Court may distribute their estate according to their will or the rules of intestacy, and deal with any family provision claims accordingly.
A family provision claim proceeds on the basis that the deceased's will is valid. So what are the formal requirements for a valid will, and what happens if they are not complied with?
A Family Provision Application must be made within 12 months of the deceased’s death. The court will only allow an application to be made out of time if there is sufficient cause. The question then arises: what factors are needed to prove sufficient cause?