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Disclaimer

Disclaimer

  • Information in the Kerin Lawyers’ web site should not be construed as legal advice and is of a general nature only.
  • Please contact Kerin Lawyers on (07) 3236 3933 for advice specific to your case.

If you believe that adequate provision has not been made in the Will of a deceased loved one you may be able to contest the Will.

The most common way to contest a Will is through a Family Provision Application. These Applications are made under the Succession Act 1981.

Contact us on 1300 LAWYER or complete our online enquiry form to find out how we can help you.

Am I eligible to make a Family Provision Application?

The following persons are eligible to make a Family Provision Application:

  • The deceased’s spouse (including de-facto spouse and dependant former spouse);
  • The deceased’s child (including step children, de-facto step children and adopted children);

The deceased’s dependant (being a parent, the parent of a surviving child of the deceased or a person under the age of 18).

Did I receive adequate provision from the estate?

The Court must decide whether you received adequate provision for your ‘proper maintenance & support’.

To determine this, the following relevant factors are considered:

  • Size of the estate;
  • Financial means & responsibilities of the Applicant;
  • Age, sex and health of the Applicant;
  • Services to the Applicant;
  • The Applicant’s expected provision from the estate;
  • Promises to the Applicant;
  • Benefits received from the deceased already;
  • The relationship between the Applicant and the deceased;
  • The duty of the deceased to provide for family members.

If you believe that you have not received adequate provision under a deceased loved one’s Will contact us today so that we can work with you to assess the issue and resolve the problem.

Do any time limits apply?

There are strict time limits that apply to a Family Provision Application.

You must notify the personal representative of the deceased’s estate of application within six (6) months of death. Further, the application must be made within nine (9) months of death.

Contact us today to ensure that you do not lose your right to make an Application.

I am the executor of an estate and the Will is being contested:

If you are the executor of an estate and receive notice that the Will is going to be contested you should seek legal advice immediately.

Are there other avenues to contest a Will?

A Will can be contested for a number of reasons, including:

  • Undue Influence: Where the deceased executed a Will that did not reflect their wishes due to the influence of another party.
  • Lack of Capacity: Where the deceased did not have legal capacity, in other words sound mind, memory and understanding, to execute a Will.

If you believe that a deceased loved one’s Will was executed under the above circumstance or have any other questions, contact us today so that we can work with you to assess the issue and resolve the problem.

Am I eligible to make a Family Provision Application?

The following persons are eligible to make a Family Provision Application:

  • The deceased’s spouse (including de-facto spouse and dependant former spouse);
  • The deceased’s child (including step children, de-facto step children and adopted children);

The deceased’s dependant (being a parent, the parent of a surviving child of the deceased or a person under the age of 18).

Did I receive adequate provision from the estate?

The Court must decide whether you received adequate provision for your ‘proper maintenance & support’.

To determine this, the following relevant factors are considered:

  • Size of the estate;
  • Financial means & responsibilities of the Applicant;
  • Age, sex and health of the Applicant;
  • Services to the Applicant;
  • The Applicant’s expected provision from the estate;
  • Promises to the Applicant;
  • Benefits received from the deceased already;
  • The relationship between the Applicant and the deceased;
  • The duty of the deceased to provide for family members.

If you believe that you have not received adequate provision under a deceased loved one’s Will contact us today so that we can work with you to assess the issue and resolve the problem.

Do any time limits apply?

There are strict time limits that apply to a Family Provision Application.

You must notify the personal representative of the deceased’s estate of application within six (6) months of death. Further, the application must be made within nine (9) months of death.

Contact us today to ensure that you do not lose your right to make an Application.

I am the executor of an estate and the Will is being contested:

If you are the executor of an estate and receive notice that the Will is going to be contested you should seek legal advice immediately.

Are there other avenues to contest a Will?

A Will can be contested for a number of reasons, including:

  • Undue Influence: Where the deceased executed a Will that did not reflect their wishes due to the influence of another party.
  • Lack of Capacity: Where the deceased did not have legal capacity, in other words sound mind, memory and understanding, to execute a Will.

If you believe that a deceased loved one’s Will was executed under the above circumstance or have any other questions, contact us today so that we can work with you to assess the issue and resolve the problem.