De Facto Contesting a Will in Australia: Is it Possible?

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In estate planning, de facto partners’ rights are often disputed. The word “de facto” might sound simple, but it becomes much more complicated when it comes into play with the complicated nature of wills and legacies. It is important to know how de facto relationships affect property claims, whether you are a de facto partner trying to figure out your rights or someone writing a will. 

What Constitutes a De Facto Relationship in Australian Law?

How Does Australian Law Define a de Facto Relationship, and What Are the Legalities Surrounding It?

In Australian law, a de facto relationship is one where two people, who may be of the same or opposite sex, live together as a couple on a genuine domestic basis but are not legally married to each other or related by family.

The Family Law Act 1975 recognises de facto relationships, providing certain rights and responsibilities for individuals within such unions.

De Facto Partner’s Right to Inherit

Can de Facto Partners Claim a Share in Their Partner’s Estate, and How Does It Differ from Married Spouses’ Rights?

De facto partners have the legal standing to claim a share of their estate. However, their inheritance rights are different from those of married spouses.

For example, unlike spouses, de facto partners must prove the existence of their relationship before claiming an inheritance.

The differences in inheritance rights can make contesting a will more complex for de facto partners.

On What Grounds Can a de Facto Partner Contest a Will, and What Evidence Is Required to Support the Claim?

De facto partners can contest a will if they believe they have been inadequately provided for or left out of the will.

To contest, one must provide proof of relationship, financial dependency, and contributions to the deceased’s property or welfare.

Understanding who can contest a will can provide clearer insights into the eligibility criteria.

How Long Does a de Facto Partner Have After the Decedent’s Passing to Contest the Will, and What Are the Exceptions?

Generally, in QLD de facto partners have six months from the date of grant of probate to contest a will, although this can vary by jurisdiction.

This period may be extended in exceptional circumstances.

Steps to Prove the Existence of a De Facto Relationship

What Documents and Proofs Are Needed to Establish the Existence of a de Facto Relationship in the Eyes of the Law?

Proof of a shared life is paramount in establishing a de facto relationship. This includes joint financial statements, shared residential leases or property ownership documents, correspondence addressed to both partners, and proof of shared responsibilities and commitments.

The Role of Legal Counsel in Contesting a Will

How Can a Lawyer Assist de Facto Partners in Contesting a Will, and What Are the Benefits of Seeking Legal Advice?

Legal counsel can provide invaluable support by offering advice on the claim’s validity, guiding through legal procedures, and representing the claimant in court.

The benefits include improved chances of a successful claim and reduced legal hassle.

Considering the cost of contesting a will in Queensland, seeking legal advice early can also aid financial planning.

Expert Legal Guidance in Complex De Facto Will Contestation

A client approached Walker Pender for help contesting a will as a de facto partner.

The firm’s experienced lawyers promptly provided essential advice and clarity on the legal procedures, easing the client’s journey and highlighting possible courses of action.

Early counsel from the firm enabled wise financial planning for the client in light of the costs involved in contesting a will in Queensland.

Walker Pender’s lawyers’ proficiency and extensive knowledge emphasised the importance of expert legal advice in such complex cases.

Wrapping up the Legal Tapestry of De Facto Will Contestation

Knowing your rights and the legal avenues available is critical when contesting a will as a de facto partner.

Each step requires meticulous attention, from proving the relationship to understanding undue influence and implications.

Whether contesting a will due to dementia or other reasons, being informed about how to stop someone from contesting a will and why make a will if it can be contested can empower you to navigate the legal intricacies with confidence and clarity.

De Facto Contesting a Will: Is it Possible?

Let the experienced legal professionals at Walker Pender guide you through every step of the process.

Don’t face legal battles alone. Contact Walker Pender for expert advice and robust representation in all matters concerning de facto contesting of a will.

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