A failure to adequately provide for these persons grants them the right to make a claim against your estate in the Supreme Court. Such a claim must be made within 6 months from the date of the Grant of Probate.

In assessing the claim the Supreme Court will give the greatest deal of consideration to the needs of the claimant. However, other relevant factors include;

1. The character and conduct of the claimant
2. Whether a redistribution of the estate would be inequitable to other beneficiaries
3. The nature of the relationship between the parties during the will makers lifetime
4. Whether the estate has already been distributed
5. Provisions made for the claimant during the will makers lifetime

Should a claim be successful, the legal costs are paid from the estate and the Supreme Court has the discretion to redistribute the estate as it sees fit in order to provide for the claimant. However, the above factors are guidelines only and each claim will be decided in light of its own circumstances.

For example, in 2004 a claimant was awarded $125,000 despite the “almost non-existent evidence” regarding their financial position.

By contrast, in 2006, a challenge to an estate was denied despite the claimant proving they bore family responsibilities and owned no real estate. They received nothing.

Seeking professional advice regarding your testamentary duties can reduce the risk of a claim and assist in avoiding unnecessary stress during an already difficult time.

To make a will and for advice on estate planning, please contact Lynn and Brown Lawyers.