Unfortunately, it’s become more common for people to be left out of someone’s Will, even when they should have been been noted as a beneficiary.
In situations like this, an eligible person may be entitled to make a claim on the assets (called the Estate) of the deceased person. The claim is called a Family Provision claim and you are an eligible person if you were, at the time of death:
- the deceased’s spouse
- living in a defacto relationship with the deceased
- the deceased’s Child
- the deceased’s grandchild, or living in their household, and dependent on the deceased whilst they were alive
- in a close personal relationship with the deceased
Get Advice First
If you make a family provision claim, the Judge will decide who pays the legal costs. If a person is succesful, the deceased’s estate will usually pay part of the legal costs. If unsuccessful, the Judge can order you to pay the estate’s costs of defending the proceedings.
Get advice from Lighthouse Law Group first. We will review your case and let you know whether you have a strong case.
Call us now on (02) 9744 9236.