What is a Deed of Family Arrangement?

A Deed of Family Arrangement is a document that confirms the distribution of an estate when the distribution is to be different/changed from what is stated in the deceased’s Will.  This also applies if the distribution is to be changed and not made in accordance with the laws of intestacy.

A deed like this is entered into to ensure that all parties/beneficiaries are in agreement with the distribution of the estate and to protect the Executor/Administrator against any potential claims that might be made.

Some circumstances where a Deed of Family Arrangement might be used are:

• If the Executor has agreed to change/alter the distribution of the estate and not distribute in accordance with the Will;
• To clarify the contents of a Will if there were any clauses that did need clarification; or
• Where someone may have been omitted as a beneficiary accidentally; or
• To settle a claim that may have been made against an estate.

If you have received a Deed of Family Arrangement and require advice on how that affects you or in the process of dealing with an estate, please contact our office on 9707 1155 or admin@wslegal.com.au.