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    Who can make a claim in Probate?

    18/10/16 6:26 PM

    As explored in our last post, the Notice of Intended Application for Probate is published on the Supreme Court website so that anyone wanting to make a claim on an Estate are given the opportunity to do so. Some people may question how it is fair for people to make a claim on an Estate when they are not mentioned in the testator’s Will.

    However, the ability to make a claim on an Estate is considered fair due to the laws of succession. The main purpose of this is to ensure that certain people are adequately provided for if they were in any way dependent on the deceased.

    Under NSW law, only certain people are eligible to make a claim against an Estate, including:

    • The deceased’s spouse
    • A person living in a de-facto relationship with the deceased
    • The deceased’s children (regardless of age)
    • The deceased’s former spouse
    • Any person who was financially dependent on the deceased in any way.

    This list is not exhaustive, nor are these categories guaranteed. Claims against an Estate will depend on many factors including the relationships of the deceased and the particular circumstances of their living arrangements. 

    In some circumstances you will be unable to protect your Estate from such a claim, particularly if you want to exclude someone who is or has been financially dependent on you (for example an estranged child). 

    If you have further questions, please contact us at frank@franklaw.com.au 

    This is not legal advice. 

    Naomi Webb

    Written by Naomi Webb