If you’re wondering about whether a de facto partner or ex-spouse can contest a will, it’s important to understand the legal factors that can affect those who are considering or facing such claims. In this video guide, we break down the legal eligibility criteria for ex-partners and ex-spouses and how courts are able to assess their claims.
Key takeaways:
- Entitlements for former spouses
- The eligibility criteria for de facto spouses
- The legal challenges of de facto partners
Former Spouse Rights to Contest A Will
In my practice, we are often asked, can a former husband or wife make a family provision claim against an estate? In Queensland, a former husband and wife are entitled to make a claim for further and better provision from someone at the state.
That is, a former husband or wife can prove that they were divorced or separated from the deceased, have not remarried and at the time of the deceased’s death was receiving or entitled to receive maintenance from the deceased. If they can meet the above criteria, a former husband or wife can bring a claim against your estate.
Eligibility for Former De Facto Partners
A de facto partner may also be eligible to bring a claim for better provision from an estate if they meet the definition of dependent. That is, a former de facto partner may be a parent of a minor child of the deceased and wholly or substantially maintained by the deceased at the time of their death.
A marriage terminates upon divorce, but the question of when a de facto relationship ends can be contentious.
If you are concerned that your ex -partner might bring a claim against your estate on your death, we urge you to contact our office for a free assessment in order to provide advice and potential implemented strategy to either minimise or eliminate any chance of the former spouse being able to make a claim against your estate. Thank you.
