Have you been left out of a Will?
Spouses (including de factos) and children (including step children) and a limited range of others, can bring these applications, but they must act quickly.
In Queensland you only have 6 months from the date the will maker dies to give written notice to the executor of the will that you intend to make an application.
You then have to actually file the application with the court and serve the executor within 9 months of the date of death.
There are some cases where more time may be allowed, but do not count on it.
If the court does receive an application, the question it asks is “Has adequate provision been made for your proper maintenance and support?”
There are no set rules about what is adequate or proper. It very much depends on the facts in each case.
Some of the things that courts do take into consideration are:
- The value and make-up of the deceased’s estate
- your financial position, including assets, income and super, as compared to all other potential beneficiaries
- Your age, health and prospects as compared to all other potential beneficiaries
- Your relationship with the deceased and the relationship between the deceased and other beneficiaries.
If you feel you might have a claim, then remember there are strict time limits that apply, so speak to us immediately.
This information is of a general nature only and is not to be relied on as legal advice. You need to seek your own legal advice about your own specific circumstances.
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