One of the most common ways for a Will or deceased Estate to be contested is through a Family Provision Application.
It is important for anyone making a Will to keep in mind that the Court is allowed to intervene where a certain person is excluded from a Will. If a family member feels they have been excluded, they can bring a Family Provision Application and “challenge” the Will.
The following people are entitled to make a claim if they feel they have not been adequately provided for:
However just because a person is eligible to make a family provision application does not necessarily mean that they will be successful in their claim.
The legal test is found in the case of Singer v Berghouse (No. 2) (1994) 68 ALJR 653. In this case it was determined that the family provision applications involve a two stage process:
The Court will consider other various factors, including:
Making a Family Provision Application is not an easy process and is something that you should discuss with a lawyer in detail. If you are considering making or responding to a Family Provision Application you need expert advice.
Strict time limits apply. Our expert Estate litigation team have many years experience in Estate litigation and will be able to ensure that your rights are protected.
Contact our Wills and Estates team today if you’re considering challenging a Will or would like more information on Estate litigation.
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