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