If you have been left out of a Will then you may be entitled to make a claim under the Succession Act 2006 for provision from the Estate. To be entitled to make a claim you must be an eligible person as defined under the Succession Act and those persons include a spouse, child or step child, grandchild in certain circumstances and any other person who had been supported during their lifetime by the deceased.
If you feel that you have been left out of a Will then you must contest the Will within twelve (12) months of the date of death of the deceased. In order to be successful with a claim the applicant will need to prove to the Court that adequate provision was not made for their maintenance, education or advancement in life.
The Court in making their decision will take into account the existing financial circumstances of the applicant. Should you wish to discuss disputes Wills and Estates please do not hesitate to contact us on 02 4228 5911.