Although the obligation for a deceased to leave part of their estate to an ex-spouse diminishes after a property settlement has been finalised, an ex-spouse is still eligible to make a claim to challenge a Will. The courts will consider various factors to determine whether a claim by an ex-spouse will be successful.
An ex de-facto partner may also be eligible to make a claim to challenge a Will (regardless of how long ago the relationship ended). If there was no formal property settlement following the breakdown of the relationship, an ex-spouse or ex de-facto may use this factor to support their claim.
There are steps which can be taken which will reduce and in some cases eliminate the risk of an ex-spouse or ex de-facto from making a claim to contest your will. We can explain the options that are available to you and tell you what’s right for you in your circumstances.
If you would like more information or legal on the above issues, you should contact a lawyer at Matthews Folbigg Parramatta. Our lawyers specialise in a number of legal areas including Wills, estate planning and family law.
Phillip Brophy – phillipb@matthewsfolbigg.com.au or 9635 7966
