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Estates

Protecting your legacy: comprehensive estate planning solutions

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Types of Estate Claims

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You are able to contest a will and make what is called a family provision claim if you are an eligible person in accordance with the Succession Act 2006.

If you feel you have been unfairly treated in a will, you may be able to make a claim.

An application must be made within 12 months of the date of death of the deceased.

There are some exceptions and in certain cases, out of time applications can be made.  If an application for Family Provision is made more than 12 months after the date of death, you will need to show the court that you have “sufficient cause”.

If you believe you have been left without being adequately provided for in a will, a consideration will be your financial position, your relationship with the deceased, the size of the estate and the deceased’s relationship with other persons who are eligible to make a claim.

If you believe you have been unfairly treated in a will, or that the deceased person did not have the mental capacity to make a will, then please feel free to contact us at Premier Compensation Lawyers to discuss.

You are classified as an eligible person if you are:

  • The husband or wife of the deceased.
  • A person who was living in a defacto relationship with the deceased.
  • A child of the deceased, this includes adopted children.
  • The deceased’s former husband or wife.
  • A person who was:
  • – Dependent (wholly or partly) on the deceased at a particular time and- A grandchild of the deceased, or a member of the household of the deceased.
  • We’re living in a close personal relationship with the deceased person at the time of their death.  A close personal relationship means a relationship between 2 adults living together (either related or not) where there is a provision of domestic support and personal care.
  • A parent, sibling, step-child and former defacto spouse are not expressly listed as eligible persons however, such persons may be eligible if they lived with the deceased and were dependent on the deceased.

If you feel you fit into any of the categories above, or believe that the deceased person did not have the mental capacity to make a will, then feel free to contact us at Premier Compensation Lawyers for some free advice.

We will offer you free over the phone advice as well as a free face to face conference where we will advise you:

  • Whether you are an eligible person to make a claim.
  • Monetary value of your claim.
  • How to overcome the time limits if you are outside 12 months.
  • Possibilities of settlement of the claim without proceeding to expensive court proceedings.

Frequently Asked Questions on Estate Claims:

What is an estate?

An estate refers to the total property, assets, and debts of a person at the time of their death.

What happens to someone’s estate when they die without a will?

If a person dies without a valid will in Australia, their estate is distributed according to the laws of intestacy. This means that their assets will be distributed among their next of kin, as determined by the state or territory in which they lived.

What is probate?

Probate is the process of obtaining a legal grant of authority to administer a deceased person’s estate. In Australia, probate is typically required if the deceased person owned property in their own name or had significant assets.

How does a will work in Australia?

A will is a legal document that sets out a person’s wishes for the distribution of their estate after their death. In Australia, a will must meet certain requirements in order to be considered valid, including being signed by the testator (person making the will) and two witnesses.

Who can challenge a will in Australia?

A will can be challenged in Australia by an eligible person, such as a family member or beneficiary, on the grounds of being left out of the will, inadequate provision, lack of testamentary capacity, undue influence, or lack of proper execution.

What is a power of attorney?

A power of attorney is a legal document that allows a person (the principal) to appoint someone else (the attorney) to act on their behalf in financial and legal matters. In Australia, there are different types of power of attorney, including general power of attorney and enduring power of attorney.

What is a guardianship order?

A guardianship order is a court order appointing a person to be the guardian of someone who is unable to make decisions for themselves, due to disability, injury, or illness. In Australia, guardianship orders are governed by the relevant state or territory legislation.

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John
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John was involved in a serious motor vehicle accident due to another driver’s negligence.

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Karina was a single mother when involved in a motor vehicle accident that wasn’t her fault and suffered a number of injuries to her left shoulder, back and neck.

Steve
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Steve was a single father when he was knocked off his motorbike by a motor vehicle.

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Grazyna injured her foot when she stepped on uneven ground when leaving the premises of Casula Mall.

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Elie was an unemployed man showering at home in his rental property when some small wall tiles fell off and hit him in the left shoulder.

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Goran was in the course of his employment unloading a truck at someone else’s premises when he injured his shoulder and back.

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Anne was injured in a workplace accident.

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Talia was at work when a forklift reversed over her left foot.

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Gloria sat on a broken chair at a well-known fast food outlet causing minor injury.

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