If you’ve been left out of a Will, or have been unfairly treated in terms of the amount of your inheritance you may be able to make a family provision claim against the estate.
Who can dispute a Will?
It varies from state to state, but some of the people who may be entitled to claim include people who had a relationship with the deceased such as the:
- wife or husband;
- defacto or same sex partner;
- former spouse or defacto partner;
- child, stepchild or grandchild;
- parent of a child of the deceased;
- parent, brother or sister;
- someone who was financially dependent on the deceased; or
- carer of the deceased.
This is a very general guide only which includes the eligibility in all Australian jurisdictions, so please contact us to discuss your particular circumstances.
Is there a time limit?
Yes, there is. in NSW you have only 12 months from the date of their death to make a claim. In certain circumstances, we might be able to obtain an extension of the time limit so please contact us to discuss your situation.
We can help
At every stage of contesting or challenging a Will it is important to have sound, experienced legal advice. We have the skills to negotiate on your behalf to avoid costly court fees, but if it comes down to court we also have the skills to fight on your behalf.
Contact us to find out more or to arrange a consultation with Anthony Fondacaro, our expert Family Provision lawyer.