A recent decision in the Maroochydore District Court has prompted me to write again about people challenging Wills.
A person can challenge a Will if it doesn’t make “adequate provision” for their “proper maintenance and support”.
To challenge, you need to be within a class of persons eligible to do so.
Mostly, challenges are made by the deceased’s disappointed:
- spouse (including defacto partner); or
- child (including step-child or “defacto” step-child).
It is important to remember that, in some circumstances, the parent of a deceased person can also challenge.
If the parent was being “wholly or substantially” maintained or supported by their child, the parent is eligible to pursue a claim if their child’s Will does not make adequate provision for them.
That is what occurred recently in a case before the Maroochydore District Court where a mother successfully challenged the Will of her deceased daughter.
The Court considered a number of factors, including the:
- size of the estate;
- relationship between them; and
- mother’s needs.
Time limitations apply to pursuing claims against estates, so it is important that you seek advice promptly if you are giving consideration to challenging a Will.