Who can make a claim against my estate?
Most estates are completed based on the wishes of the deceased and in accordance with their will.
The starting point of the law is that a person is entitled to leave his or her estate to whoever they choose. A person has freedom to choose their beneficiaries, whether they are family members, other persons or their favourite charity.
Claims against estate can come from under the “family provision” parts of succession law, or from equity law regarding promises of bequests that were never honoured.
The family provision claims allow a limited group of people to seek provision out of an estate if they were left out or feel grater provision should have been made for them. These eligible persons are spouses, de facto partners, children (including adult children) and grandchildren or members of the household who were dependent upon the deceased.
The court must be convinced of the claimant’s case to entertain changing the deceased’s will.
Equity claims deal with promises that were made by the deceased but were never fulfilled. A common example is when the promise of a house or property is made and based on that promise, the person has either acted to their detriment or not acted that still led to a more detrimental position compared to what would have happened if they had acted.
The Court must be shown that if the promise is not fulfilled, it will be unjust to the claimant.
More Information
If you wish to obtain further information, advice or assistance in updating your will, please contact one of our Will Lawyers in our Estate Planning team at Matthews Folbigg on 9635 7966, email us at estates@matthewsfolbigg.com.au or through the website www.matthewsfolbigg.com.au
DISCLAIMER: This article is provided to readers for their general information and on a complimentary basis. It contains a brief summary only and should not be relied upon or used as a definitive or complete statement of the relevant law. Liability limited by a scheme approved under Professional Standards Legislation
