When someone dies, it’s an emotional and difficult time for those left behind, particularly if they feel that the provisions of their loved ones’ Will are unjust.
What should I do if I feel I was dealt with unjustly in the Will?
You can make a claim based on the Succession Act 2006 if you were:
- Married to the deceased
- Living in a domestic relationship with the deceased at their time of death
- A child of the deceased
- A previous spouse of the deceased
- A person who at some time was dependent on the deceased or a grandchild or member of the deceased’s household.
When assessing circumstances of the challenge to the Will, the Court will consider:
- The future financial needs of all parties
- How individuals supported each other financially
- Whether they own property together
- Reputation and public aspects of the relationship
- Level of mutual commitment; shared life
- Character, behaviour and financial situation of the person challenging the Will
- Any contribution made by that person to the deceased’s welfare or estate
An application to challenge a Will under the Act must be made within 12 months of the time of death.
If you require any further information please contact us at help@cmcox.com.au
