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During the case assessment process, you stated you are a family member of a deceased person who has left you out of their Will. The law allows family members or dependants who have been overlooked or inadequately provided for in a will, to bring a lawsuit for estate allocation to them.
Typically these claims come from a child, spouse, or former wife left out of a will or a beneficiary wishing to challenge the fairness of the gift allocated to them. The contest can be resolved by agreement but if not, is determined by a court.
You stated that you were unsure / don't know when the date of the deceased's death. A notice of the proposed claim must be given to executor or administrator within 6 months of date of death; Claim must be lodged in court within 9 months of date of death.
During the case assessment, we asked how frequently you received regular financial or material benefits from the deceased.
Lastly, we asked how frequently did you provide financial and/or emotional support to the deceased?
Based on the information you have provided us to date, and subject to the inherent limitations of this assessment tool, you have SOME prospects of success in a worthwhile application for a provision to be made for you from the deceased’s estate.
This assessment must not be relied upon as legal advice which can only be given when all circumstances have been carefully considered.
For a personalised assessment applicable to your particular circumstances, please call 1300-580-413 or email us today.
