THE NEED FOR DISCLOSURE WHEN THERE ARE CLAIMS AGAINST AN ESTATE
A person is entitled to leave their estate to whoever they choose. However, there may be circumstances in which a person has been left out of a will and believes they should have been included. This situation often leads to family provision claims, as “eligible persons” can apply for a family provision claim against an estate. In simple terms, “eligible persons” include spouses, de-facto partners, children (including adult children), grandchildren, and members of the household who were dependent on the deceased.
For the Court to be able to determine how to decide the claim, it will look at all the facts presented by the person making the claim. Amongst many other factors, the Court will consider the relationship between the claimant and deceased person, the financial resources of the claimant, the age of the applicant and any provision made for the claimant by the deceased person.
The Importance of Full Disclosure
The claimant and all other parties must ensure that they fully disclose information. There must be complete disclosure of assets, liabilities, financial resources, and sources of income with documentary evidence. The Courts take dim view of any lack of honesty, which can impact the outcome of family provision claims.
When making a claim, the claimant must still establish that adequate support for his or her maintenance, education or advancement was not made under the Will. This is particularly important for those who feel as they have been unjustly left out of a will.
If you have any enquiry in relation to being left out in a will or questions about making a family provision claim then you can contact our Wills and Estate Planning team for assistance on 9635 7966. We are here to help you navigate the complexities of estate claims, specifically potential rights to raise a family provision claim to ensure your rights are protected.
