Subject to certain legal requirements a person may leave their estate as they wish. However, failing to comply with the legal requirements of a will may enable a will to be challenged. Estate disputes may also arise if the Will was not properly drawn up, if the Will maker lacked mental capacity at the time the Will was executed, or if there was fraud, forgery, force or undue influence. Also if you have been left out of a Will, or have not been properly provided for in a Will then you may be able to make a claim against the estate.

Elible persons for making a cliam upon an estate include the following; namely a spouse (married or de facto), including former spouses,a child of the deceased, achild of a person living in a domestic relationship with the deceased, a grandchild if she/he ever lived in the household of the deceased, or any person who ever lived in the household of the deceased and was dependent on the deceased. The likelihood of succeeding in a claim and the amount which may be awarded in your favour depends on your situation, your relationship to the deceased, the size of the estate, the number of other dependents/relatives and many other factors.

Subject to leave of the Court you must commence proceedings in the Court within 12 months of the date of the deceased’s death.

If you have any doubt at eligability to make a claim, or are an executor wishing to defend a claim, contact one of our specialist Estate lawyers at The Norton Law Group on 02 95606811 or visit our www.thenortonlawgroup.com.au
We offer a first free consultation.