There may be times when someone you know and have a close relationship with passes away, and you feel as though you are entitled to some aspects of their estate. If you believe you have a legitimate claim to such assets but are not named in the will, and not a member of their immediate family, you may still have options to contest that will.
The number of family members who are able to apply for family provision orders under New South Wale's estate laws is somewhat limited in scope – and may not cover your relationship, according to Legal Answers. These include the deceased person's spouse, a former spouse, the person with whom they were in a de facto relationship, the children or other dependents who lived with them and their grandchildren.
However, the law also allows for a person living with the deceased in a "close personal relationship" at the time of their death to make a claim on their assets, the report said. The law states that this could include someone living with them who was providing them with support or care at home, but not if they were receiving some sort of payment for that care.
While rules for who can contest wills were largely built with the complexity of family and interpersonal relationships in mind, they may not cover your unique relationship with a deceased person, so it's important to understand whether you can make a claim under the family provision.
Problems can certainly arise, however, when someone dies without a will in place and someone in a close personal relationship – or even a de facto relationship – believes they are entitled to some of the deceased person's estate, according to the NSW Trustee & Guardian. In short, they will have to prove the basis of that relationship in a way that satisfies legal definitions, and that may come with some additional expense and take time to complete.
At Gerard Malouf & Partners, we have more than 35 years of experience in helping people contest wills and get the benefits they deserve. If you believe you may be due consideration in such a situation, we can help you get the full view of your situation. With a free consultation, a 90-day complimentary trial and GMP's No Win No Fee program, we will help you understand your legal options, with no financial obligation to you. Give us a call today to learn more.