Estate Litigation

Estate Litigation

Eligible persons are entitled to contest an estate or challenge the Will. 

A husband or wife of the deceased person, defacto spouse of the deceased person, a child of the deceased person (including an adopted child or step-child), a former spouse who was continuing to receive maintenance from the deceased person, and a person who was wholly or substantially maintained by the deceased person may all be eligible persons. 

An eligible person who is dissatisfied with the provisions made for them under the Will has a right to apply to the Court for further provision. It is necessary for a claimant to show they are worthy of further provision from the estate.

Proper estate planning can eliminate, or at least minimise, the risk of a claim for further provision against a deceased estate.

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