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Who can Contest a Will?

 

Who can make a claim on a Deceased's Estate?

If you have not been provided for in a Deceased’s Will and feel that you should have, you may be eligible to make a claim on a Deceased’s Estate.

Only an “eligible person”, as defined in the legislation, may make a claim on a Deceased’ Estate, and bring proceedings for a Family Provision Order.

The following are “eligible persons” who may apply to a Court for a Family Provision Order in respect of the Estate of a Deceased person:

  1. a husband or wife of a Deceased at the time of the Deceased’s death;
  2. a person with whom a Deceased was living in a “de facto relationship” at the time of the Deceased’s death;
  3. a child of the Deceased;
  4. a former wife or husband of the Deceased;
  5. a grandchild of the Deceased who was at any particular time wholly or partly dependent on the deceased;
  6. a person who was at any particular time wholly or partly dependent on the Deceased and at that particular time or any other time, a member of a household of which the
  7. Deceased was a member; or
  8. a person with whom the Deceased was living in a “close personal relationship” at the time of the Deceased’s death.

If you fall into any of categories 1-3 above, there will usually be no dispute about your eligibility to make a claim.

However, if you fall into any of the categories 4-7 above, you must first satisfy particular statutory criteria for eligibility, such as dependency and membership of a household in order for the Court to allow your Application to proceed.

For more information on who can contest a Will contact Krystle Wolthers on 02 4626 5077 or email Krystle on kwolthers@marsdens.net.au

 

 

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