How do I make an inheritance claim?
The most common type of claim which arises in relation to inheritance is a claim under the family provision act. This type of action has legislation to support it in virtually every Australian jusridiction and it is usually always of a similar character. In New South Wales for example, there is the Family Provision Act 1982 (NSW) which states that it is essential that all people make provision for certain members of their family in New South Wales. If the will of a person does not make provision for that person then the affected family member can make a claim against the estate for an amount determined by a judge on application from the parties. The types of relations which are recognised by the act for this purpose are spousal, include a former spouse, parents, brothers and sisters, children, and in some cases any person who had a close personal relationship with the person who passed away, even if they were not related to the person. Obviously, if a will does not provide for someone important like this then it will be open to challenge by that person. This is the major consideration of how an inheritance claim can eventuate.
Another way that it can eventuate is if there is a problem with the execution of the will. If for example there is another previous will which has not been revoked by the present will this can create a situation of inconsistency when probate is applied for. If there were questions about the mental capacity of the person to depose their will at the time because of illness or old age then this will also be an issue that may give rise to an inheritance claim. Other situations which can create an inheritance claim are where the executor of an estate acts imporerly or not in the interests of beneficiaries. If you think that you may have an inheritance claim which is capable of litigation, you can chat to one of our lawyers online about this or post your query to the contact form to the right.