Generally, a person may leave their assets to whomever they wish. The law however will recognise those who relied on the deceased for maintenance and support and may make provisions for them in the Will so their needs are adequately provided for. In NSW, a claim can be made whether or not a person dies testate (with a Will) or intestate (without a Will).
In NSW, those who are eligible to make a claim include:
- spouses (current or former);
- de factos;
- anyone living in a close personal relationship with the deceased at the time of their death;
- a person who was wholly or partly dependant on the deceased; and
- grandchildren who were part of the same household and were wholly or partly dependant on the deceased.
If you have been left out of a Will or believe you have a claim to challenge a Will contact the Estate Planning specialists at Matthews Folbigg.