Understanding Estate Claims

Estate claims can be a complex but important part of managing a deceased person’s will and assets. Understanding the process, eligibility, and common challenges can help ensure a fair and lawful resolution.

What Are Estate Claims?

Estate claims occur when someone believes they have not been adequately provided for in deceased estates and seeks a share of what they believe they're entitled to. This is often referred to as a “family provision claim.” Eligible individuals can apply to contest or claim against a will if they feel they have been unfairly treated or excluded. These claims aim to ensure the deceased’s dependants and close relations are appropriately provided for.

Who Can Make an Estate Claim?

Eligibility to make an estate claim generally includes close family members, such as spouses, de facto partners, children, and sometimes stepchildren or grandchildren. Some jurisdictions also allow financially dependent individuals, like a former spouse or close personal relations, to apply. However, eligibility alone does not guarantee success, as courts consider factors like financial need, the size of the estate, and the relationship with the deceased.

The Estate Claim Process

The estate claim process typically begins with obtaining legal advice to assess your case and provide guidance. Claims must be filed with the appropriate court, usually within a defined timeframe after the person’s death. Many disputes are resolved through mediation, but unresolved cases may go to court, where a judge decides the outcome and distribution of the estate.

Common Reasons for Disputes

Common sources of estate disputes include perceived unfairness in the will, such as unequal treatment among family members or the exclusion of dependants. Claims might also arise due to concerns of undue influence or when the estate lacks sufficient assets to meet beneficiaries’ needs. Disputes are more likely when someone dies without a will, leaving the distribution of assets to be decided based on standard rules, which can lead to disagreements.

Avoiding Estate Claims

Careful estate planning can reduce the likelihood of disputes. Drafting a valid will and updating it regularly to reflect changes in family or financial circumstances can help. Providing clear explanations for decisions and consulting with an estate lawyer ensures the will meets legal standards and limits potential claims.

Navigating estate claims can be challenging, particularly when emotional and familial relationships are affected. If you’re making a claim or facing one, professional guidance is essential. A clear understanding of your rights and responsibilities can help you approach the process effectively and work towards an equitable resolution.

Contact a law firm like Catton Roderick Lawyers to assist you.