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 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.