Fay will discuss with you who can make a claim on your estate and challenge your will.

Scary thoughts because section 57 Succession Act 2006 provides that spouses and de facto partners as at the date of death of the deceased and a former spouse are considered to be eligible persons who can make a claim on your estate.

If you have separated from your partner and sorted out your financial affairs on separation or after separation you should be aware that the former spouse may still be eligible to make a claim on your estate and you should discuss with your lawyer how this situation may be avoided.

In addition other claimants on your estate will include the following eligible persons, namely:

  • A person who was dependent (either wholly or partly) at any time on the deceased
  • A grandchild of the deceased
  • A person who at any time was a member of the household of the deceased
  • A person who lived in a close and personal relationship with the deceased as at the date of death

Think carefully before you exclude a potential claimant and that may well include children or grandchildren of the spouse or de facto partner who fall into one or other of the categories listed above.

Resources for Challenging a Will

Contact Fay

Email or call on 0416 196 541.

Fay will respond to you personally within 24 hours to discuss your enquiry.





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