How are “family members” defined in regards to financial needs?

PUBLISHED 23 Feb 2020

If you feel you have been treated unfairly in a will – left without adequate provision for maintenance, education or general life advancement – you may be able to challenge the will in court with a Family Provision Claim. In this claim, you (the contesting party) will ask the Court to make an order to ensure you are properly provided for by the deceased’s estate.]

How do I contest a will?

Contesting the will of someone who has passed away is a difficult decision to make. Speaking with an experienced probate lawyer is your first step. The experienced team at Gerard Malouf & Partners has a strong track record of successfully challenging wills and can even remove financial barriers with our no-win no-fee policy.

For what reasons can I contest a will?

Some common reasons include:

  • Proper provision was not made for you in the will
  • A certain promise was made to you regarding the estate but not upheld
  • There was an error in the will
  • The decedent who wrote the will lacked the mental capacity to do so properly
  • The decedent was subject to undue influence

What are some examples of when a Will might be challenged?

  • Adult children left out of a will lead to the majority of estate disputes
  • Joint / blended families involving the original set of children (or spouse) of the deceased may fight with the step-family for the estate
  • Intestate claims where there was no complete will or none at all

How do I know if I’m eligible to make a claim?

Only certain people are eligible to make a claim:

  • Spouse of the deceased at the time of their death
  • Person in a de-facto relationship with the deceased at the time of their death
  • A child of the deceased (natural or adopted)
  • A former spouse of the deceased
  • A grandchild of the deceased (and was a member of their household at any time, and wholly or partly dependent)
  • A person living in a close personal relationship with the deceased at the time of their death

How can I challenge a Will successfully?

You will need to demonstrate that you were personally connected to the deceased and that they owed you a “moral dependence” that was wholly or partially unfulfilled. You will also need to demonstrate that you have a need for provision from the deceased’s estate.

The team at Gerard Malouf & Partners Compensation, Medical Negligence & Will Dispute Lawyers are highly experienced probate lawyers who can guide you through this process.

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts, or email your enquiry.