Hi everyone, my name is Justine Aubin and I’m one of the lawyers in the contested estates department of Turnbull Hill Lawyers.
Today I’d like to talk to you about the two most common types of claims that are made against estates. The first type of claim I’d like to discuss is when someone’s looking at challenging the validity of a will.
Now an example where that might happen would be if a will hasn’t been properly executed, by that I mean if a will is not in writing or if it’s not appointing an executor, or for example if the will hasn’t been witnessed by two people who are not beneficiaries. Another example would be if the deceased lack testamentary capacity at the time of signing his or her will. Those might be grounds to challenge the validity of that particular will.
The other type of claim that I’d like to discuss are family provision claims. Now we see those types of claims a lot more frequently than essentially a family provision claim is an application to the supreme court for a share or a larger share from a deceased estate. To make a family provision claim you’ve got to be eligible and have need.
People that classify as eligible persons are spouses, including de facto partners, children, ex-spouses, dependent grandchildren, other dependants who once lived with the deceased, and a person who was in a close personal relationship with a deceased at the time of the deceased’s death. If you’re eligible then you need to show the court that you have need.
Initially what the court’s going to look at is whether your day-to-day maintenance advancement and education has been provided for by the deceased’s will. If it hasn’t then there are lots of other factors that the court is going to look at but the main factors will be your finances, your health needs, and also your education.
Now if you found this video interesting, and if you’ve got any more questions please feel free to contact our contested estates department here at Turnbull Hill Lawyers. We also run seminars about once a month so if you’d like to put your name down for the next one please feel free to also contact us. I hope this was helpful.