In Victoria, several parties may be entitled to make a claim against an estate. These claims are typically made under the Administration and Probate Act 1958 (Vic) and can include:
- Eligible Family Members: Certain family members, such as spouses, domestic partners, children, and sometimes stepchildren or grandchildren, may be entitled to make a family provision claim if they believe they have not been adequately provided for in the will.
- Dependants: Individuals who were financially dependent on the deceased at the time of their death may also be eligible to make a claim. This can include those who were being supported by the deceased, even if they are not direct family members.
- Creditors: If the deceased owed money to creditors, they could make a claim against the estate to recover the debts owed to them.
- Beneficiaries: Beneficiaries named in the will may make a claim if they believe the executor is not administering the estate properly or if there are disputes regarding the interpretation of the will.
- Former Spouses or Partners: In some cases, former spouses or partners may be entitled to make a claim, particularly if there were ongoing financial obligations or entitlements at the time of the deceased’s death.
Claims against an estate must typically be made within a specific time frame, usually within six months from the date of the grant of probate or letters of administration. It is important for potential claimants to seek legal advice to understand their rights and the process involved in making a claim.
If you believe you may have a claim against an estate, contact our experienced will and estate lawyers on (03) 9481 2000 or info@tauruslawyers.com.au for a confidential discussion.