When a person dies without a will, close family members can apply for inheritance claims to the property or challenge the Will. At Probate Lawyers Perth, we have extensive experience in dealing with matters related to Wills and probate and can help you file a claim for inheritance. Contact us to seek professional legal advice regarding inheritance claim in Australia.
Who is eligible?
Under current laws in Western Australia, people in the following relation with the deceased individual can apply for inheritance claims:
- Spouse, former spouse or de facto partner of the individual.
- Parent of the individual.
- Grandchildren of the individual.
- Adopted, biological or step-children of the individual.
It must be kept in mind that there are some inheritance claims time limit for applying. In Western Australia, an application can be filed within 6 months of the date when the court grants probate or letters of administration.
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Since 2013, applications for inheritance act claims can be made by step-children of the deceased individuals provided they meet certain conditions. This provision makes sure different types of families face no problem with inheritance and the characteristics of step-children must satisfy the following:
- He or she was legally adopted or is a biological child of the spouse or de facto partner of the deceased.
- He or she is not the biological child or was legally adopted by the deceased.
- He or she was living on the date when the step relationship with the deceased was established.
For the inheritance claims to be granted, it is also necessary for the step-children to establish that he or she is entitled to be maintained by the deceased. The inheritance claims provision allows eligible person to contest the distribution mentioned in the will. If you want to file an inheritance claim, contact us today at Probate Lawyers Perth so our experienced probate lawyers can assist you.