Dealing with the death of a loved one can be an incredibly trying and emotional time. This is particularly the case if a person feels they have been dealt with unjustly in a Will. In this event, that person may be able to make a claim for a share of the estate.
Our experienced litigation lawyers can assist with the following:
Seeking provision from an estate
Defending claims against an estate
Assisting when an executor fails in their duties; and
Disputes relating to Trusts
In order to bring a claim against an estate, you must be an ‘eligible person’. Eligibility will depend on your specific circumstances, but eligible people generally include:
Spouses, de factos, former spouses, children and dependant grandchildren of the deceased
Persons who were members of the deceased’s household
Any other dependant or a person who lived in a close personal relationship with the deceased
An application to the Court for a family provision order must be made within 6 months after the date of the grant of probate of the will or of letters of administration.
There are particular risks to claims being made against an estate where the deceased had a former spouse or children from a past relationship.
In some cases, there is no risk to distributing an estate early, but others can involve a great risk. As such, it is important to seek legal advice if you have been appointed as an executor of an estate, before finalising distribution.
For more information or to speak with an estate litigation lawyer in Melbourne please contact our office: 03 9646 4477