• Who Can Contest

    Only certain people, defined as ‘eligible persons’ can contest a Will

Only certain people, defined as ‘eligible persons’ can contest a Will. So whilst it may appear there are grounds for contesting a Will any application must be initiated by an ‘eligible person’.

That said, it’s important to recognise that changes in social structures over the last several decades have seen increasing numbers of people with complex family structures, including the prevalence of blended family structures. So those people eligible to contest a Will is much broader than you might think.

Who Is An Eligible Person?

Those individuals who can make a claim under the legislation include:

  • The wife or husband of the deceased person at the time of death;
  • A person with whom the deceased person was living in a de-facto relationship at the time of their death;
  • A child of the deceased person;
  • A former wife or husband of the deceased person;
  • A person who was, at any time, wholly or partly dependent on the deceased person, and at any time a member of the same household of the deceased person;
  • A grandchild who was at any time wholly or partly dependent on the deceased person;
  • A person with whom the deceased person was living in a close personal relationship at the deceased persons death.

The Court’s concern is that an eligible person’s maintenance, education or advancement in life be properly provided for.

To determine whether you might have a claim get in touch with one of our Will Disputes experts and book yourself in for a FREE Claims Assessment.

 

 

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