Left out of a Will? What you need to know.

Do you feel that you've not had adequate provision with the distribution of assets of the estate of a parent or spouse? Did you know that you can apply to receive a more suitable amount from the estate?

In this video John Gallagher from Argon Law on the Sunshine Coast outlines what you need to know if you find yourself in this situation. Even if you are a de facto spouse, or a stepchild, you may have a case if you haven't been adequately provided for.

The issue in this matter is the short timeframe of six months, in Queensland, that you have to notify the executor, and nine months to lodge a Family Provision Application. 

Watch the video to see what may be taken into consideration when it comes to reviewing the distribution of the assets.

More Information

LEFT OUT OF A WILL

Has your spouse or parent died recently and left you out of their will?  Or perhaps you have received something, but it is a token amount only.  If this is the case, then you may have the right to apply to the court for more.

Spouses (including de factos) and children (including step children) and a limited range of others, can bring these applications, but they must act quickly.

In Queensland you only have 6 months from the date the will maker dies to give written notice to the executor of the will that you intend to make an application, and you then have to actually file the application with the court and serve the executor within 9 months of the date of death.

There are some cases where more time may be allowed, but don’t count on it.

If the court does receive an application, the question it asks is “Has adequate provision been made for your proper maintenance and support?”

There are no set rules about what is adequate or proper.  It very much depends on the facts in each case.

Some of the things that courts do take into consideration are:

  • the value and make-up of the deceased’s estate;
  • your financial position, including assets, income and super, as compared to all other potential beneficiaries;
  • your age, health and prospects as compared to all other potential beneficiaries;
  • your relationship with the deceased and the relationship between the deceased and other beneficiaries.

If you feel you might have a claim, then remember there are strict time limits that apply, so speak to your lawyer immediately.

If you require any further information please contact us on 07 5443 9988 or [email protected].

Argon Law is a Sunshine Coast law firm based in Maroochydore.  We are commercial lawyers, body corporate lawyers and property lawyers and are eager to assist you in any way we can.

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