Article of Interest on Wills & Estates

LEFT OUT OF A WILL 

In all of the articles to date we have looked at strategies to create an estate plan which will protect beneficiaries and assets.

But, let us now look through the other end of the binoculars.

Have you been left out of a Will? If so, what can you do?

The first thing is to establish whether or not you are an eligible person to make a claim against the estate of the deceased. The requirement of being an eligible person reduces potential claims against the estate to include only specific categories of people, usually being family members and dependents.

An application to the Court for provision from the estate of a deceased is very difficult. The Court will consider specific issues and you must consider those issues with an experienced Lawyer well in advance of making an application.

What was the nature and duration of the relationship between you and the deceased? A negative relationship may result in a negative outcome unless the nature of the relationship can be explained. What obligation or responsibility did the deceased person owe to you? A failure to provide adequately for a spouse would be a breach of a responsibility by the deceased unless it can be explained.

The nature of the deceased’s estate is also a major consideration. A large estate may caste a larger net; whereas, a modest estate left entirely to a de facto partner of some 20 years standing may reduce the responsibility of the deceased to others.

Your financial needs, health and any specific disability are carefully examined in conjunction with your dependency upon the deceased during the deceased’s life. Should that assistance continue?

These are but some of the matters which need to be carefully assessed by your Lawyer prior to you buying a bus ticket to the Court. A claim against an estate is a complex application. Contrary to popular opinion not every applicant wins a prize.

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