Persons with whom you have a “close personal relationship” are eligible to make a claim against your estate if they do not receive proper and adequate provision under your will.
This type of claim is known as a family provision claim.
Most of you would be aware that spouses (including de facto spouses), children and dependents can make a claim of this nature against her estate, but are probably not aware that an adult who is not related by family can also make a claim.
However, claimants who were in a “close personal relationship” at the date of death, must prove that they were living with the deceased and that one provided the other with domestic support and care.
A successful claimant would also need to prove that they have financial needs and that the deceased owed them a moral duty to provide for them in their will.
Call Manny Wood for Accredited Specialist advice regarding your estate planning and claims on estates.
This article is intended to be for information and educational purposes only and cannot be relied upon as legal advice. The information may not apply to your circumstances or to your particular situation. If you need specific advice or you have any questions, we welcome you to contact us directly.
