Depending on the type of relationship, you may be eligible to dispute a Will or make a claim if you have been left out of a Will.
In NSW the law provides that the following people are eligible to ask the Court to change a person’s Will after that person has died:
– the husband or wife of the deceased person
– a de facto partner of the deceased person
– a child of the deceased person (regardless of the age of the child)
– a former husband or wife of the deceased person
– a grandchild of the deceased person who was at any time wholly or partly dependent on the deceased person
– a person who was (a) a member of the same household of the deceased at any time and (b) wholly or partly dependent on the deceased person at any time
– a person who was living in a “close personal relationship” with the deceased person at the time of their death
It is a matter for the Court to decide whether to change the Will or not – there are a range of factors that the Court is required to take into account in making this decision.
We can advise you on how those factors apply in your situation.
There are strict time limits for making a claim, so the sooner you can obtain legal advice the better.
If you have been left out of a Will and think you may have a claim, talk to a lawyer at Matthews Folbigg Parramatta. Our specialists provide legal advice in the area of Wills and deceased estates.
Contact us today:
Phillip Brophy: phillipb@matthewsfolbigg.com.au or 9635 7966
