I wasn’t provided for in a Will, what can I do about it?

Where an individual is left out of being provided for in a Will they may have recourse to challenge that Will by virtue of the Family Protection Act 1955.

The Act provides for a two stage assessment of whether you are eligible to contest a Will.

First, do you have appropriate standing. In simple terms, did you have a relationship with the deceased that allows you to claim. These are specifically set out in the Act, I.e de facto partner, spouse or child.

Second, that the deceased had a moral obligation to provide for you and breached that duty.

The Court has a wide discretion to provide for an claimant from an Estate where these elements are met. There are various factors the Act outlines to assist the Court in determining whether a duty was owed by the deceased. For example, their financial situation, their relationship with the deceased, and the deceased’s obligation to provide for anyone else.

If a challenge to a Will is going to be made, it must be done so within 12 months of the granting of probate. As such, it’s important that you seek prompt legal advice as to your potential claim.

Walker Murdoch’s Family & Estates team routinely act in these types of claims and are available to discuss your options should you wish to.