You can make a claim to challenge the will of a deceased person in the Family Court if you think you haven’t:

  • received what you were promised by someone who has died
  • been properly provided for from someone’s estate.

You haven’t received what you were promised

These promises can be made to people who are not family members. The promises don’t need to be in the will.

If you can prove to the court that the person who died promised to reward you from their estate for a service you did for them while they were alive, the court can order the estate to pay you.

If you’re successful in making a claim about real property (such as land or buildings) or personal property that is part of the estate (for example, a house or a farm) the court can make an Order to give you ownership of all or part of that property.

This situation is covered by law in the Law Reform (Testamentary Promises) Act 1949 (external link)

You haven’t been properly provided for

You can also challenge a will if you haven’t received anything from a family member’s estate or if you don’t think you have received enough.

The court can order the estate to provide for you, even if the person who died specifically asked that you not be provided for.

This situation is covered by law in the Family Protection Act 1955 (external link)

 

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