Is it possible to dispute the split of the estate when someone dies intestate?

When someone dies with a valid will in place, it’s possible to dispute your share based on greater need. This is based on the idea that a deceased estate needs to adequately provide for family members. A greater need might come about because of age, employment situation, or family requirements.

You can make this same request when someone dies without a will. To formally ask for a greater share based on your needs, you can make what is called a “Family Provision Application”. One of these applications can also be made on the behalf of someone else, for example, if the person is underage.

Not just any family member is entitled to consideration for a Family Provision Application. The only people who may apply are spouses, children, or dependants.

For the application to be successful, the applicant must show that “adequate provision” has not been made from the estate for the applicant’s “proper maintenance and support”.

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Last updated: 29 April 2019