If a person is unhappy with the contents of a deceased’s will and is eligible to claim they may bring a claim against an estate under the under the Act.
For example, a spouse or child of the deceased may claim as they suffer hardship as a result of the deceased’s wishes.
In effect, they apply to “challenge” the terms of the deceased’s will.
Claims can also be made under the Act in relation to an estate where the deceased did not leave a will.
The test applied is whether the deceased failed to provide adequately for the applicant’s proper maintenance, education or advancement in life.
Time limits apply to such claims and delays can result in an otherwise good claim failing.
We have successfully handled numerous claims for clients under the Act and invite you to contact us should you need any advice regarding Wills and Estates.