Will Challenges & Disputes

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.