Here are some common myths about being left out of a Will of a partner, parent or unpaid carer.
Myth 1: My husband can leave $10 to me in his Will and I cannot make a claim against his estate. Wrong.
Myth 2: My parents haven’t spoken to me in years and therefore I have no rights to make a claim against their estate. Wrong.
Myth 3: I have fully relied on my daughter for financial support for many years but she can leave me out of her Will and give all of her estate to a Charity and there is nothing I can do about it. Wrong.
Here is the essential question:
Have your needs been rightly considered and adequately provided for in the distribution of your parent, spouse or carer’s estate?
The law requires that a Will-maker wisely and justly decides about adequate provision for:
- Spouses, including de facto spouses and in some circumstances former spouses;
- Children, including step-children; and
- Dependants, who are being wholly or substantially maintained or supported by the Will-maker at the time of their death and who is either a parent or child of the Will-maker or a person under 18 years.
These persons are considered by the law to be amongst those who might reasonably expect to benefit from the estate of a Will-maker. On this basis, these people are eligible to apply to the court for adequate provision to be made for them from the estate of the Will-maker.
This is called a “family provision application” and it must usually be made within 9 months after the Will-maker has passed away. However, it is essential to take advice on these types of applications as soon as possible, as you may lose any right to bring an application as early as 6 months after the Will-maker has passed away.
We recommend you contact us no matter how long has passed since the death of the Will-maker, as there may be sufficient reasons for the court to consider your application even if it is brought out of time.
A family provision application is different to an application for a Statutory Will that may be made while the Will-maker is still alive, and a Will Rectification application that must be made within 6 months after the date of the Will-maker’s death.
If you fall within one of the eligible categories and you feel you have been unfairly left out of the Will of a Will-maker, we are able to assist you in providing advice and, if appropriate, acting for you in the process of making a court application for adequate provision to be made for you from the estate of a Will-maker.
For more information regarding being left out of a Will
Please contact one of our Business Development Officers about a fixed fee price for an initial consultation with one of our Brisbane Will Dispute & Estate Litigation lawyers today.