Claims Against Deceased Estate
When someone passes away, certain individuals can make claims against the deceased’s estate if they believe they are entitled to a portion but were excluded from the will or received less than expected.
Claims are generally pursued under family provision laws, which allow family members and dependents to challenge the will in court.
Who Can Make a Claim?
In Australia, the deceased’s spouse, children, and dependents (like de facto partners or those financially supported by the deceased) can contest the estate.
Some states also allow former spouses and stepchildren to make claims.
Key Tip: Only specific family members or dependents with a financial dependency can claim, and eligibility varies by state.
Types of Claims
- Family Provision Claims: When an eligible person believes they haven’t received adequate provision under the will.
- Debt Claims: Creditors seeking to recover outstanding debts.
- Contested Wills: Challenging the will’s validity due to reasons like undue influence, fraud, or lack of testamentary capacity.
Key Tip: Family provision, debt recovery, and will contestation are the main claim types, each requiring specific evidence and legal grounds.
Need a Lawyer?
The Process of Making a Claim
To claim against a deceased estate, file a claim with the court in the state where the deceased resided within six to twelve months from the death.
The process involves submitting relevant documents, proof of eligibility, and demonstrating financial need. Legal advice is recommended due to the complexity of estate law.
Key Tip: Prompt filing is necessary, as each state has strict time limits, and legal assistance can help navigate the process.
Factors Considered by the Court
The court considers the claimant’s financial situation, the estate size, the relationship with the deceased, and any competing claims.
They also review the will’s intentions and the deceased’s moral duty to provide for the claimant.
Key Tip: Courts balance fairness and respect for the deceased’s wishes when deciding claims
Costs Involved
Legal costs vary based on the case’s complexity. Sometimes, the estate covers these costs if the claim is successful.
If the claim is unnecessary or unfounded, the claimant may need to cover their expenses.
Key Tip: Legal costs can be significant; the estate may cover successful claims, while unsuccessful ones often result in the claimant paying their costs.
Potential Outcomes
The court may award a larger share of the estate, adjust distributions, or invalidate parts of the will.
Some claims might lead to mediation, allowing parties to negotiate a settlement out of court.
Key Tip: Courts may adjust the estate distribution, and mediation is often used to avoid lengthy trials.
Summary
Filing claims against a deceased estate is complex, requiring eligible individuals to present strong legal grounds and evidence.
Understanding eligibility, claim types, and court criteria helps approach the process realistically.
Seeking legal advice ensures the claim aligns with Australian estate law requirements.
