Have you been left out of a will?

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Have you been left out of a will?

If you have been left out of a will by a loved one, you may be able to make a claim in the ACT under legislation called the “Family Provision Act”.

If you think you are eligible to make a claim, you must act quickly. In the ACT, you have 6 months from the date of probate to make your claim.

The following people are entitled to make a claim:

  • The spouse of the deceased
  • A person who was a de facto of the deceased at the time of death
  • A child of the deceased
  • Step children of the deceased
  • Grandchildren
  • Parents of the deceased

The court will consider many factors including your financial circumstances, your age and whether you have any disabilities. It will also consider the deceased’s intentions if known.

A claim against an estate is heard in the Supreme Court. It can be costly and time consuming. The costs will generally come out of the estate.

This is a complex area of the law and it is recommended that you get legal advice.

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