To start a legal action to seek a share or greater share of a deceased estate in Victoria, you have to an “elligible person”.

This definition in the Administration and Probate Act 1958 (Vic) changed from 1 January 2015 to include the following categories of people only:

1. A current spouse.
2. A registered or unregistered domestic partner.
3. A former spouse or former domestic partner, who but for the death, could have made or finalised a family law claim against the deceased.
4. A registered caring partner of the deceased.
5. A child of the deceased.
6. A child under 18.
7. A child between 18-25 who is a full-time student.
8. A disabled child.
9. An adult child with financial difficulties.
10. A person who was treated as a natural child of the deceased.
11. A grandchild.
12. A spouse or domestic partner of a child of the deceased if the child dies within 1 year of the deceased.
13. A member of the deceased’s household (or someone who had been and was likely to again).

“Child” includes a step-child and adopted child.

For the Court to make a “family provision order” you must be able to show that at the time of the death, you were wholly or partly dependent on the deceased for your proper maintenance and support and that the deceased had a “moral duty” to provide for you.

If you have not been left anything under a will or believe that you should have been left more under the will then please call one of Hendersons Legal’s experienced Wills lawyers on (03) 9629 2211 who would be happy to talk to you about your case.

This content is intended as commentary and should not be construed as legal advice.

For more information call David Henderson on 03 9629 2211.

Wills    Estate claims; Contesting a will; TFMs