Under the Succession Act a person who meets the definition of "eligible person" can make a claim against an estate if the court is satisfied that the eligible person has not been adequately provided for in the will of the deceased person. The claim must be commenced within one year of death.
You are an eligible person if you are the deceased's:
(a) spouse or former spouse;
(b) de facto partner, or
(c) child (including an adopted child).
You may also be an eligible person if:
(a) you were at some time wholly or partly dependent on the deceased; or
(b) you had a close personal relationship with the deceased.
If you think you may be an eligible person under one of these paragraphs, please contact us for more information.