Can I Claim an Inheritance If I’m Not Mentioned in the Will?

Being excluded from a loved one’s will might seem like an unexpected surprise at first. However, it does not necessarily mean you have no legal rights. In Australia, certain people might still be able to seek provision from a deceased estate if the legal requirements are met. Thus, it is essential to understand how these claims work so that you can protect your interests. When you are considering inheritance claims in Perth, the following insights about when a claim might be available and what factors the court will take into account must be known.

Who May Be Eligible to Make a Claim?

Although eligibility varies between Australian states and territories, the following people may be able to make a claim against a deceased estate:

• A surviving spouse or de facto partner who was financially or personally connected to the deceased.
• Biological or legally adopted children who were left out of the will or received inadequate provision.
• A former spouse, where state legislation allows an eligible claim.
• Grandchildren or other relatives who were financially dependent on the deceased in certain circumstances.
• A person who lived with the deceased and relied on them for financial support.
• Other eligible individuals recognised under the relevant succession laws, depending on the circumstances of the relationship and the state or territory where the estate is administered.

If you are a part of this list and feel that you have been unfairly excluded, you should hire an inheritance claim lawyer in Perth.

When Can You Challenge Being Left Out of a Will?

When you are in these scenarios, the court will look at your circumstances first. Then, it is verified if the will has made adequate provision for your proper maintenance and support.

Inadequate Provision

If the will fails to make adequate provision for your maintenance, education or advancement in life, you may be able to seek further provision from the estate.

Financial Need

The court considers your financial position, future expenses, health and earning capacity to determine whether additional provision is justified.

Relationship With the Deceased

Your relationship with the deceased is also important. The court may consider the nature of your connection, any financial or personal support provided, contributions you made during their lifetime and the reasons behind any period of estrangement.

To understand these circumstances even better, probate lawyers Perth can explain whether your situation meets the legal requirements. They can also outline the steps involved in pursuing the matter within the deadlines.

What Factors Does the Court Consider?

Every family provision claim is assessed on its own facts. In these scenarios, the court weighs a range of circumstances before reaching a decision.

• The size and value of the deceased estate.
• Your financial position, income, assets and ongoing expenses.
• Your age, health and future financial needs.
• The nature of your relationship with the deceased.
• Any financial or personal contributions you have made during the deceased’s lifetime.
• The needs and circumstances of other beneficiaries or eligible claimants.
• Any reasons given by the deceased for leaving you out of the will.
• Whether the will made adequate provision for your maintenance and support.

If you are unsure how these factors may apply to your circumstances, consulting the best probate lawyer Perth can help you understand the strength of your potential claim.

What Evidence Can Strengthen Your Claim?

Providing clear and relevant evidence can make it easier for the court to understand your circumstances and assess your claim.

• Financial records showing your income, expenses, assets and liabilities.
• Medical reports if your health affects your financial needs or ability to work.
• Documents showing financial dependence on the deceased, where relevant.
• Evidence of contributions you made to the deceased’s care, property or finances.
• Letters, emails, photographs or messages that help explain your relationship with the deceased.
• Information about the estate, including assets and liabilities, where available.
• An affidavit that has details of your personal circumstances and the reasons for your claim.

Seeking advice before gathering and presenting evidence can be valuable. Moreover, this is also a reason many people choose to hire a probate lawyer to make sure their claim is properly prepared.

Conclusion

When you have not been mentioned in a will, it does not always mean you have no entitlement to the estate. Whether you will be able to make a successful claim is entirely dependent on your relationship with the deceased, your personal circumstances and the evidence available.

The outcomes might vary to a great extent depending on the circumstances and the applicable succession laws. Since there are strict time restrictions, it would be wise to seek legal advice for inheritance disputes in Perth swiftly. In this way, you will be able to understand your rights and then decide what to do next.