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Not in the Will? Disputing a Will in a different state

Disputing a Will in a different state? Our Wills Dispute team breaks down how Wills are disputed in different states and the legislation that governs it.

Family provision claims across the states
All states and territories in Australia have legislation governing family provision claims, however important details differ across jurisdictions.

The state in which an estate will be administered is determined by factors including where the deceased passed away, the state in which the deceased owned the majority of their assets and the state in which the deceased resided. If there is disagreement on these matters, the Court can be asked to hear and determine those issues.

Whilst Australian family provision legislations across the states share considerable similarities, there are very important differences that potential claimants must be aware of.

Time Limits
In Victoria, claimants must bring a claim for provision within six months from the date of Probate is granted, however in Queensland and New South Wales, limitation dates are determined by the deceased's date of death. This raises the important issue that any potential claimant must act as swiftly as possible to establish their claim, regardless of the state in which the estate is being administered.

For more information about the rules under which your potential application may be governed, please submit an enquiry via our website.

Eligibility
Family provision claims are now largely reserved for spouses and children of the deceased but with the 'normal' Australian family network becoming more and more difficult to define, there are many variations between the states as to who satisfies eligibility requirements.

For example, the definition of de facto spouses varies across jurisdictions and those definitions determine who will and will not be eligible to bring a claim. In most cases, eligibility is determined by a network of elements specific to the relationship. If you believe you are entitled to provision from the estate of a de facto partner, it is important to contact Maddens Lawyers to discuss the nature of that relationship.

In some jurisdictions, stepchildren are eligible to bring a claim for provision, but this is not the case Australia-wide. In addition, complications may arise when a child's biological parent passes away before their stepparent, potentially hindering their claim against the stepparent's estate.

Maddens Lawyers are experienced in Will disputes
If you believe you are eligible for provision from an estate but are concerned about time limits or eligibility under inter-state jurisdictions, please contact Maddens Lawyers as soon as possible.

Our team are experienced in bringing claims for further provision in all states and territories, and can advise on the essential details you must consider prior to commencing a claim.

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