Who can Contest a Will?
Who can make a claim on a Deceased's Estate?If you have been left out of a Will or you don’t believe adequate provision was made for you in a Will, you may be eligible to make a claim on a deceased’s Estate.
The following are “eligible persons” who may make a Family Provision Claim:
- A husband or wife of the deceased;
- A person with whom a deceased was living in a “de facto relationship” at the time of death;
- A biological child of the deceased;
- A former wife or husband of the deceased;
- A grandchild of the deceased who was wholly or partly dependent on the deceased;
- A person who was wholly or partly dependent on the deceased and a member of the same household as the deceased; or
- A person with whom the deceased was living in a “close personal relationship” at the time of the deceased’s death.
An eligible person has twelve (12) months from the date of the deceased’s death to commence a Family Provision Claim in the Supreme Court. Before the claim proceeds to a hearing, it is compulsory that the eligible person making the claim and the Executor of the Estate attend a Mediation to attempt to settle the claim.
Our team of Estate Planning lawyers, together with our Dispute Resolution team are experienced in assessing the likelihood of success, both when we represent an eligible person challenging a Will and when we represent the Executor of the Estate who is defending a family provision claim.
We focus on ensuring that a strategic plan is made to resolve the dispute in a cost effective and timely manner, while keeping our clients informed at all stages throughout the dispute.
For more information on who can contest a Will contact Krystle Wolthers