fbpx Contesting a Will | Commins Hendriks Solicitors

Contesting a Will

The following eligible persons may apply to the Court for a Family Provision Order in respect of the estate of a deceased person:

  • A person who is the wife or husband of the deceased at the time of the deceased person’s death.
  • A person with whom the deceased person was living in a de facto relationship at the time of the deceased person’s death.
  • A child of the deceased person.
  • A grandchild of the deceased person or a person who is a member of the household of the deceased person and who was wholly or partly dependent upon the deceased person.
  • A former wife or husband of the deceased person.
  • A person with whom the deceased person was living in a close personal relationship at the time of the deceased persons’ death.

When a claim is made, the Court will consider the following factors:

  • The relationship between the applicant and the deceased.
  • The nature and extent of any obligations owed by the deceased to the applicant.
  • The nature and extent of the deceased person’s estate.
  • The financial resources both present and future of the applicant and other beneficiaries.
  • The final circumstances of the applicant’s spouse or partner.
  • Any physical, intellectual or mental disability of the applicant or other beneficiary.
  • The age of the applicant.
  • Any contribution to the state or welfare of the deceased person for which adequate compensation was not received by the applicant.
  • Any provision made for the applicant during the deceased’s lifetime or from their estate.
  • Any evidence of testamentary intention of the deceased.
  • Whether the applicant was being maintained by the deceased person before their death.
  • Whether any person is liable to support the applicant.
  • The character and conduct of the applicant before and after the death of the deceased person.
  • The conduct of any other person before or after the date of death.
  • Any other relevant factor.
Secondary Sort Category: