Not everyone can initiate a will dispute. A person intending to bring an action for a will dispute must meet the requirement of standing.
A person is considered to have standing where he or she has an interest in the estate of the deceased. A person who may satisfy the requirement of standing might include a person who was entitled to share in the estate under the valid will preceding the disputed will.
However, even where a person may be unable to dispute a will due to their lack of standing, they may be able to contest a will.
One example of this is where a non-family member is eligible to apply for a family provision order under the Succession Act 2006 (NSW). Non-family members in this example can include dependents, household members and people with close personal relationships with the deceased person.
Popescu v Borun [2011] is an example of where two non-family members, Ms Popescu and her son, Mr Vedder, were not provided for in the will of Dr Borun, the deceased, and successfully obtained family provision orders for property and money.
Dr Borun met Ms Popescu overseas, brought her and her son to Australia, and assisted them with accommodation, transport and finance for several decades. Dr Borun had a sexual relationship with Ms Popescu for a significant period of this time. Dr Borun was also married and had two children.
Ms Popescu and her son brought proceedings seeking family provision orders. The Court found that the deceased assumed maintenance of Ms Popescu and her son and had a moral duty to provide for both of them in his will with a provision to be made out of the estate of the deceased for their maintenance, education or advancement. Accordingly, Ms Popescu received a bequest of property and a sum of $100,000, while her son, Mr Vedder, received $75,000 from the estate.
Therefore, a non-family member can initiate a will dispute if they have standing. Alternatively, they may contest a will if they meet the requirements under the Succession Act 2006 (NSW) to initiate a family provision claim.
If you would like further information on will disputes or whether a non-family member can dispute a will, or any other information on wills, please contact a lawyer on 9635 7966 or through the website www.matthewsfolbigg.com.au
