Claims Against Deceased Estate
When someone passes away, certain people may be allowed to make legal claims on their estate.
This happens if they believe they were unfairly left out of the will or didn’t receive enough.
Who Can Make a Claim Against a Deceased Estate?
In Australia, only specific groups of people can challenge a deceased person’s estate. These typically include:
- Spouses (including de facto partners)
- Children
- Dependents (people financially supports by the deceased)
In some cases, former spouses or stepchildren might also qualify, depending on the laws in the state where the person lived.
Key Tip: Claims are usually limited to close family members or dependents, but eligibility rules differ by state.
Types of Claims
- Family Provision Claims – When someone eligible believes they weren’t adequately provided for in the will.
- Debt Claims – Creditors can claim money owed by the deceased from their estate.
- Contested Wills – A will might be challenged if there are concerns about its validity, such as fraud, undue influence, or if the person lacked the mental capacity to make it.
Key Tip: These claims require specific legal grounds and evidence to succeed.
How to Make a Claim
To initiate a claim against a deceased estate:
- File with the Court in the deceased’s state.
- Ensure you meet the strict time limited (usually 6-12 months after the person’s death)
- Provide documents and proof of your eligibility, financial need, or relationship to the deceased.
- It’s best to seek legal advice to handle the complexities.
Key Tip: Act quickly, as time limits are strict, and legal help is often necessary.
Factors the Court Considers
When deciding a claim, courts look at factors like:
- The claimant’s financial situation.
- The size of the estate.
- The relationship with the deceased.
- Any competing claims from other family members.
- The deceased’s wishes as expressed in their will.
Key Tip: Courts balance fairness with the deceased’s stated intentions.
Costs of Making a Claim
Making a claim can be expensive, and legal fees depend on the case’s complexity.
If the claim is successful, the estate may cover the costs. If the claim fails, the claimant will usually pay their own legal costs.
Key Tip: Costs can be high, and unsuccessful claims may leave you covering your own legal costs.
Potential Outcomes
The court might award a larger share of the estate to the claimant or adjust distributions.
Mediation is often used to settle disputes without going to trial.
Key Tip: Outcomes vary; mediation is a common alternative to avoid lengthy court battles.
Final Thoughts
Making a claim on a deceased estate is a detailed and often challenging process. Knowing who qualifies, what claims are possible, and how courts decide can help you approach the process realistically. Expert legal advice is crucial to ensure your case aligns with Australian laws.
Key Tip: Understanding the rules, costs, and challenges involved can help you make informed decisions and prepare for potential outcomes.
