Estate Claims

Family Protection Act 1955

Law Reform (Testamentary Promises) Act 1949

The law requires that a person making a will treat their spouse and children as a ‘just and wise’ will maker would.

It is not uncommon, however, for a spouse/partner, or one or more children to be left out of a will, or for someone who has provided services and support to a will maker, upon the basis that they will receive recognition in their will to be left out.

If you have been excluded from the will of a parent, wife/spouse or loved one, you may have a basis to challenge that will, upon the basis that they have breached their moral duty to you.

If you have been in a long-term relationship with the will maker, you will likely also have a claim under the relationship property legislation.

We can help if:

• You have been left out of a parents or spouses will

• You have a good reason to make a will leaving out a spouse or child and want to minimise the risks of its being successfully challenged 

• You have worked for someone, or provided them with help, on the basis they promised to leave you something in their will, and they have broken that promise