There are a few different ways to challenge a Will, one of the main ways is by making what is known as a family provision claim. Only certain people are eligible to bring these sorts of claims and children fall within this category.
However, this does not mean a child will always be successful in challenging the Will of a parent. So, when will an adult child be successful in making a family provision claim?
To make a family provision claim as an adult child you need to show that you –
- Have been excluded from the Will or been made provision that is not “adequate”;
- Have a financial need; and
- Are bringing the claim within 12 months of the parent’s death.
There may be complicating factors in bringing the claim, such as where the adult child was estranged from the parent Will maker for several years prior to the parent’s death, or where the parent Willmaker is in a relationship at the time of death.
For example, if you are the child of a first marriage and the parent Willmaker remarried and left most of their estate to their spouse and some of the estate to you, you may not be successful in your claim to increase the provision made for you in the Will.
With regards to estrangement, if the evidence in the case indicates you were partially or wholly responsible for that estrangement, the Court may consider that there is no “moral obligation” for the parent Willmaker to provide for you upon their death.
If you would like advice about a potential family provision claim, please do not hesitate to contact our Succession Law Solicitors at Brazel Moore Lawyers on (02) 4324 7699.
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