14 Succession Amendment (family provision) Act 2008 allows certain people to contest Who can contest your estate Matters that court must consider Time for bringing a claim Compulsory mediation CONTESTING A WILL This legislation provides that certain eligible persons may apply to the Court for a provision order in respect of your estate in circumstances where you have not made adequate provision for that eligible persons proper maintenance, education or advancement in life. follows: • Your spouse or de facto partner at the time of your death; • Your children (includes adopted children); • Your former spouse; • A grandchild or a person who has been a member of the household in which you were a member and who has been wholly or partially dependent on you; and • A person who was living in a close personal relationship with you at the time of your death. In circumstances where a claim is brought by eligible persons in the latter three categories, those eligible persons must convince the Court that they are a person who would be regarded as a natural object of your testamentary recognition. Consider The law requires the Court to consider a number of factors in hearing these claims, these include, but are not limited to: a. The relationship and the extent of any obligations or responsibilities owed by you to that eligible person; b. The nature and extent of your estate; person including any person cohabiting with that eligible person; d. The physical, intellectual or mental disability of that eligible person; e. Contributions made by that eligible person to your estate; f. Any previous provision made by you to that eligible person in your lifetime; and g. The character and conduct of that eligible person. Claim An eligible person has 12 months from the date of your death to bring a claim. However, in certain can make orders extending the time for a claim being made. Unless ordered otherwise, all matters involving these disputes will be referred to mediation to attempt to resolve the matter. Where a claim for provision is successful, the Court can make, for example, the following orders for provision to an eligible person out of your estate: • A lump sum payment; • A periodic payment; • A life interest in a property or income from an investment. 8
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