The Battle of the Wills

Did you know that there are 7 categories of people who can attack a deceased person’s Will. These people can even launch an attack where the deceased person did not leave a Will. 

So who are these people? 

(a) The deceased’s spouse at the time of death;

(b) The deceased’s former spouse;

(c) A person who was living in a de-facto relationship with the deceased at the time of death;

(d) The deceased’s child;

(e) A person who was:

        (i) Dependent (wholly or partly) on the deceased at a particular time; and

       (ii) A grandchild of the deceased, or a member of the household of the deceased;

(f) A person who lived in a close personal relationship with the deceased when the deceased died. For example two adults may be classified as living in a close personal relationship if they live together and provide personal care and domestic support, without receiving payment or volunteering for a charity.

A parent, sibling, step-child and former de-facto spouse are not expressly listed as eligible persons. However such persons may be eligible under category (f) if they lived with the deceased and were dependent on the deceased. 

If you have been left out of a Will, have been treated unfairly or you are an Executor of an Estate who is faced with defending a Will, contact Kirsty Rayner today for a free assessment of your case.