WHO CAN MAKE A CLAIM ON YOUR WILL: INTRODUCTION

When having a will drafted it is essential that you consider very carefully who might be a natural object of your beneficence. If these people are omitted, or if they consider they that have not been treated fairly, they might be able to make a claim on your will.

A person cannot make a family provision claim unless the Court first deems them to be eligible:

 The following are
"eligible persons" who may apply to the Court for a family provision order in respect of the estate of a deceased person:

(a) a person who was the spouse of the deceased person at the time of the deceased person's death,

(b) a person with whom the deceased person was living in a de facto relationship at the time of the deceased person's death,

(c) a child of the deceased person,

(d) a former spouse of the deceased person,

(e) a person:(i) who was, at any particular time, wholly or partly dependent on the deceased person, and(ii) who is a grandchild of the deceased person or was, at that particular time or at any other time, a member of the household of which the deceased person was a member,

(f) a person with whom the deceased person was living in a close personal relationship at the time of the deceased person's death.

Eligibility for people in groups (a) (b) and (c) is very straightforward, the people fitting into groups (d) (e) and (f) will also have to establish factors warranting an application (in other words, it will be harder for them to establish their eligibility.

 Flanagan Legal Newcastle can assist you in determining just who you should consider as a beneficiary in your will, and also who might also be eligible to make a claim if they are dissatisfied with the provision or lack of provision you have made for them.