Contesting a Will
Family Provision Applications
If you are not happy with the provision you received (or did not receive) from an individual’s estate, you may be entitled to make a Family Provision Application.
Six classes of applicants are entitled to make a claim for provision
- Husband or wife
- De facto partner at date of death
- Children of the deceased
- Former husband or wife
- A person who was, at any particular time, wholly or partly dependent on you, and, who is your grandchild or at any particular time a member of the household of which the deceased was or formerly was a member
- A person who was in a close personal relationship with the deceased.
If you think you may have a claim on a person’s estate, need protection from the above claimants when drafting your will, or are the executor or administrator of the estate, contact us to see how we can assist you.
Defending a Will
Is someone making a claim on a Will which you would like to defend against?
If you’re the executor or administrator of an estate, we can also assist you in defending the estate against family provision applications. We can assist in providing you the right asvide and help you defend the Will every step of the way.
The court can consider:
- The relationship with the deceased and any obligations or responsibilities they owed
- Financial circumstances, including future needs
- Physical, intellectual or mental disabilities
- Whether the deceased provided maintenance, support or assistance at any time
- Age and character
- Any contribution made to increase the value of the estate
- Whether the deceased person has already provided assistance during their lifetime or from the estate
- Whether any other person is responsible for support
- Any other claims on the estate, and any other matters the court considers as relevant