Frequently Asked Questions
For your convenience, we’ve set out some frequently asked questions about common family provision claims matters below:
- Who can dispute a Will?
- Is there a time limit?
- What if I don’t believe the Will was valid?
- How do I make a claim?
- We can help
Who can dispute a Will?
Some of the people who may be entitled to claim include people who had a relationship with the deceased, such as:
- Wife or husband
- Defacto or same sex partner
- Former spouse or defacto partner
- Child, stepchild or grandchild
- Parent of a child of the deceased
- Parent, brother or sister
- Someone who was financially dependent on the deceased
- Carer of the deceased
This is a very general guide and varies from state to state, so please contact us to discuss your particular circumstances.
Is there a time limit?
Yes, there is. You have only 12 months from the date of your loved one’s death to make a claim. In certain circumstances, we may be able to obtain an extension of the time limit so please contact us to discuss your situation.
What if I don’t believe the Will was valid?
You can challenge a Will if you believe that the will is a forgery or if the person lacked the mental capacity to make a Will. You can also challenge a Will if you believe that undue influence was brought to bear upon the deceased or if there was fraud involved.
How do I make a claim?
First, contact a lawyer, who can assess your claim and discuss the particular circumstances of your claim. If your claim has reasonable prospects then we will contact the executor(s) of the estate and notify them of your claim. We will then gather evidence, prepare documents and make an offer to the executors. Many claims are settled through negotiation at this stage.
If the matter is not resolved then we can lodge documents with the court to initiate proceedings. We can still negotiate and in some cases mediation will be required by the court.
Failing all else, we will proceed to a court hearing wherein the evidence will be presented and the judge will make a decision.