If you are a dependant of the deceased, such as a spouse or child, you have a right to be adequately provided for by the Will. If there has not been adequate provision for you, then you have the right to challenge the Will.
Unfortunately, Estate Law does not provide a precise definition for “adequately provided for”. The Courts have decided a number of cases that provide guidance, but for the most part, these matters are decided on a case-by-case basis. As a result, this area requires not only knowledge of Estate Law and legal precedent, but also compassion, tact and the ability to resolve these issues as cost-effectively as possible.
It is vital to have experienced, persuasive legal representation as you make a dependant’s relief claim, or defend against it. Creighton Law LLP’s Lawyers are up to the task.
A dependant may include the spouse, parent, child, brother or sister of the deceased, but mere relationship is not enough. The deceased must have been financially supporting the dependant, or have been under a legal obligation to do so at the time of his or her death.
The application is usually made within six months of the appointment of the Estate Trustee, but exceptions can be made in special cases. The Court will take into account:
It may take months or years to determine your eligibility for relief. Applicants often ask for interim support in the meantime.
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