What happens if you have been left out of a Will ?
Can I make a claim ?
When a person dies it is often a difficult time. If you find out that you have been left out of a Will it can increase the hurt and stress and this is heightened even more if that news comes as a surprise. There are two main things to consider if you have been left out of a will and if you are considering what your legal rights are, they are, are you an eligible person and, if so, what are your needs to be provided for?
Who is an eligible person?
A spouse or a child of the deceased are considered to be eligible persons. There is a third category that defines any person who was in a relationship of financial dependence with the deceased to be eligible. This can complex – but we can examine your particular circumstances and advise accordingly.
It is important to note that when making a claim you will need to provide solid evidence of your financial circumstances: what assets you own, how much super you have, your income, your debts and any future needs (such as medical and education expenses). If you have a spouse, the same information will be required from them too. Then your position will be compared to those named in the Will (the beneficiaries). If you are in a substantially worse of position, the Court may order that some of the estate is given to you. The Court will also consider your relationship with the deceased, and any of your conduct that may be relevant to why you were left out in the first place and of course, the wishes of the deceased. After all, the fact they choose to disinherit you will not be ignored by the Court.
Because of the strict time requirements imposed by the Court, if you have been left out of a Will you should legal advice as soon as possible with our experienced estate solicitors.
For an appointment contact:
Suite 8 – 70 Walkerville Terrace