An article in The Courier-Mail highlights an increasing trend in estate litigation where alleged lovers of a deceased make claims against the estate for provision.<\/p>\n
The article suggests the need for adult children hiring their own investigators in an attempt to fight off estate claims from alleged lovers.<\/p>\n
The legislation states that there are three types of people entitled to make a claim for further provision from a deceased estate.\u00a0 They are: a spouse (including de-facto spouse), children (including step-children) and a dependant (who is either a parent of the deceased, a parent of a child of a deceased who is under 18 years, or a person under the age of 18 who either wholly or substantially relied on the deceased).<\/p>\n
That means that any person who meets those criteria can theoretically put their hand up for a slice of the estate. But gone are the days when a disgruntled beneficiary simply turned up to court and walked out with an inheritance. Now, a potential applicant must show their reasons (with supporting evidence) as to why they feel they have not been adequately provided for in the will.\u00a0 And they have to be genuine reasons too \u2013 not simply, \u201cI was the deceased\u2019s lover.\u201d<\/p>\n
For a person responding to such a claim, it is necessary to obtain as much evidence as possible to show that the \u2018relationship\u2019 with the deceased was not one where they living together as a couple on a genuine domestic basis.\u00a0 This ensures that the people who are legitimately entitled to the estate receive their portion and it is not taken away.<\/p>\n
However, it becomes complicated because the law allows people to be classified as \u201cde-facto\u201d (for some purposes) without actually living in the same house or having a sexual relationship. It can be tricky because the definition of \u201cde-facto\u201d is broad and a number of factors can be considered in determining whether a couple are in fact \u201cde-facto\u201d.<\/p>\n
It makes it especially hard for adult children to accept that, whilst they may not view a person as their parent\u2019s de-facto partner, in the eyes of the law that person actually meets the definition and is entitled to make a claim if they so wish.<\/p>\n
We regularly receive enquiries from adult children who are unhappy with new \u201cde-facto\u201d partners who have recently come onto the scene. Their main concern is that it is against the wishes of their loved one and they want to know what they can do, so it is not surprising to hear of people hiring investigators in a bid to prove their point.<\/p>\n
However, it is less common, to hear of \u201calleged lovers\u201d just popping out of the blue and making a random claim. It would be quite hard for an \u201calleged lover\u201d to prove their relationship was on a genuine domestic basis as the social perception of the couple is a consideration of the court.<\/p>\n
Whilst it can be hard for adult children, it can also be traumatising for the person at the other end of the investigation \u2013 the \u201calleged\u201d partner.\u00a0 They are often described as \u201cevil\u201d or \u201cmanipulative\u201d and can be completely alienated from the family circle for simply exercising their \u201crights at law.\u201d In these cases, there are always two sides to a story.<\/p>\n
There is the side that says that the deceased\u2019s wishes should simply be carried out, and there is the side that argues that the deceased did not make \u201cjust and wise\u201d provision in the will.<\/p>\n
Title: Grown-up kids fend off claims on estate
\nDate: 14 September 2013
\nOutlet: The Courier-Mail
\nAuthor:\u00a0 Renee Viellaris
\nPage: 16<\/p>\n
Quinn & Scattini Lawyers are highly experienced with all types of wills and estates cases<\/a>. If you are not sure about how far you need to go to reduce the risk of your will being contested, or if you are concerned about your late loved one\u2019s wishes not being considered, make sure you consult an experienced estate planning lawyer who practices exclusively in this complex area of law.<\/p>\n By doing so, you will significantly reduce the chances of a successful challenge and save yourself (and your family) time, money and heartache.<\/p>\n Get the best representation. Contact Quinn & Scattini Lawyers on\u00a01800 999 529<\/a>, email\u00a0mail@rmold.newwebsite.live<\/a>, or submit an enquiry below.<\/p>\n\u8054\u7cfb\u6211\u4eec<\/h3>\n