Posted on October 08, 2020
Have you been left out of a Will?
In Victoria, if you have been left out of a relative’s Will, or consider that you should have received a larger amount under the Will, you may be able to make a claim to the Court.
Can I make a claim?
If you are an ‘Eligible Person’ you may be able to make a claim. An Eligible Person includes a current or in some cases former spouse or domestic partner, child, including a stepchild, or a person who was treated like a child of the deceased, a grandchild, or a member of the same household.
Is there a time limit?
The time limit is within 6 months from the date of the Grant of Probate of the Will or Letters of Administration, although some exceptions apply.
What the Court will consider
There are a number of factors that the Court is able to consider in deciding whether to make a provision, or a further provision, for applicants for family provision orders. These include the relationship between you and the deceased, your financial situation and that of any other Eligible Persons and beneficiaries of the estate and any obligation of the deceased to you.
What can I do to find out more?
Scanlan Carroll Lawyers have over 30 years’ experience in family provision cases acting on behalf of both executors and claimants. We are located in Kew and currently operating remotely in line with the current restrictions in Victoria. To find out whether you are eligible to make a claim, please contact our office on (03) 9853 0311, or by email [email protected].
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The content of our news articles are provided for information purposes only and do not constitute legal advice. We recommend that you seek professional legal advice for your specific circumstances.
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