Are you qualified to claim?
The laws that deal with the making of a Will Dispute Claim are complex and you should contact CWPL to see if you qualify.
Categories may apply
The laws of the Claim State set out the laws applicable to your claim. The Claim State is usually the State in which the deceased lived.
For all States and Territories except Victoria, various categories determine whether you qualify to make a claim, and each State has different categories. In order to make a claim, you need to have had a relationship with the deceased. Some examples of the types of relationships with the deceased that the courts may recognise are:
- their wife or husband
- a person who was living with them as a defacto spouse
- their same-sex partner
- their (divorced) former wife or husband, or a former defacto spouse
- their child, or a child of a defacto spouse, certain step children
- their grandchild
- the parent of a child of the deceased
- their parent
- their brother or sister
- a person who was partly or wholly maintained by the deceased
- a person in certain close personal relationships at the date of death.
- a person who has acted as a carer
If Victoria is the Claim State, you do not need to fit into a particular “category”. However, you still must establish that the deceased had a responsibility to provide for you, and that the deceased failed to adequately provide for you on their death.
The above list is only a general guide to the different categories that may apply in each State. Not all of the categories apply in each State, so:
- DO NOT assume that you ARE qualified to make a claim until you ask CWPL.
- Similarly, DO NOT assume that you are NOT qualified to make a claim until you ask CWPL. It sometimes turns out that people are qualified, even though they do not appear to be on the above list.
You also need to find out which is the Claim State. Sometimes the Claim State is not the one you thought it would be.
Ask us what time limits apply to your claim. If you commence your Inheritance Claim or Will Dispute late, you may lose your rights entirely.
If you are late, and have a good reason, CWPL may be able to get permission to file your claim late. So ask us about your options, but do not delay.
Ask us: Without obligation
Call us to confirm how the laws apply to your own particular circumstances:
- Do you qualify? Do you fit within an applicable category?
- What is the Claim State?
- What is the time limit within which you should make your inheritance claim or will dispute?
We will be pleased to give you our Initial Review by phone. You will be under no obligation, and if you do not proceed with your inheritance claim or will dispute, our Initial Review will be free.