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

Disputing a Will in a different state? Our Wills Disputeteam breaks down how Wills are disputed in different states and the legislationthat governs it.

Family provision claims across the states

All states and territories in Australia have legislationgoverning family provision claims, however important details differ acrossjurisdictions.

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

Whilst Australian family provision legislations across thestates share considerable similarities, there are very important differencesthat potential claimants must be aware of.

Time Limits

In Victoria, claimants must bring a claim for provisionwithin six months from the date of Probate is granted, however in Queenslandand New South Wales, limitation dates are determined by the deceased's date ofdeath. This raises the important issue that any potential claimant must act asswiftly as possible to establish their claim, regardless of the state in whichthe estate is being administered.

For more information about the rules under which yourpotential application may be governed, please submit anenquiry via our website.

Eligibility

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

For example, the definition of de facto spouses variesacross jurisdictions and those definitions determine who will and will not beeligible to bring a claim. In most cases, eligibility is determined by anetwork of elements specific to the relationship. If you believe you areentitled to provision from the estate of a de facto partner, it is important tocontact Not in the Will to discuss the nature of that relationship.

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

Not in the Will are experienced in Will disputes

If you believe you are eligible for provision from an estatebut are concerned about time limits or eligibility under inter-statejurisdictions, please contact Not in the Will as soon as possible.

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

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