How Long Does Someone Have to Make a Claim on an Estate in Perth?

Did a close family member recently pass away, and you feel like you did not receive a fair share of the deceased’s estate? According to the Family Provision Act, you are allowed to claim with help from an estate planning lawyer in Perth. But you need to raise it within a stipulated period. Moreover, you need to be aware of the grounds under which you can lodge your claim. So, this guide provides detailed insights into the timeline and procedure of filing an estate claim.

Understanding Your Eligibility for the Claim

The Family Provision Act states that the entitled person can claim an estate if adequate provision for their maintenance, education, support, or progress in life has not been made. But the real question is, who all are eligible to raise the claim? Here’s an overview:

• Any individual who was married to the deceased individual immediately before their death is eligible. The same thing applies to a person who was in a de facto relationship with the deceased.
• Individuals who were receiving benefits from the deceased before their death are also eligible. It can be a former de facto partner or a spouse based on a court order or agreement.
• Existing children of the deceased individual can also come forward. Moreover, any child born within 10 months after the deceased estateholder’s death can make a claim.
• A grandchild of the late estate holder is also eligible. But the grandchild should have been under full or partial care of the deceased immediately before their death.
• Another instance when a grandchild is eligible is if one of their parents (the child of the deceased) passed away before the estate holder in question.
• A stepchild of the deceased can also come forward with a claim.

The Time Limit

Usually, a claimant will have to come forward within six months of the Supreme Court granting probate or administration letters of the estate. The claim has to be filed at the Supreme Court.

You will come across a provision in the Act that supports an extension of time for making the claim. But a good lawyer for commercial property will recommend you not to rely on that. Remember that the timeline is set in place to generate prompt actions that will help in settling the estate affairs as soon as possible.

Is It Necessary to Hire a Lawyer to Make an Estate Claim?

You are under no compulsion to hire a lawyer before claiming an estate. But with a deceased member in the family, you will be in an emotionally difficult situation. On top of that, managing the process of applying for a share or an increased proportion of an estate can be burdensome. That’s where an estate planning lawyer in Perth will be able to help you out.

First, they help you figure out whether you have a logical basis for the claim. If you do, they tackle the entire documentation process before you approach the Supreme Court. An estate lawyer will need the following details from you to help with the claim:

• Information about your ties with the deceased
• An overview of your financial status
• The reason you think that the will or the law (in the absence of a will) does not provide for you adequately
• The reason you deserve a share or a larger portion of the estate of the deceased
• Considerations of the Court

Whether the court accepts your claim or not will depend on the following:

• The impact of the changes in the provision of the will on other beneficiaries
• The ages of the other dependents mentioned in the will
• The claimant’s and the other dependents’ needs
• The value and type of the property involved
• The relationship between the deceased and other dependents
• The cordiality of your relationship with the deceased during their lifetime

Conclusion

In conclusion, we would like to say that we have summed up all the details required to claim an estate. Keep in mind, that if you make an estate claim, your applications might not always be granted. However, seeking help from the best property settlement lawyers lowers the chance of refusal. They will do everything right to ensure that you go through a legitimate process during an estate claim and raise it on valid grounds.