Daily Archives: March 7, 2013

Claims against your estate

The Inheritance (Family and Dependants Provision) Act 1972 (WA) allows an eligible person to make a claim against a deceased’s person’s estate where adequate provision was not made for the proper maintenance, support, education or advancement in life of the applicant. A claim under this act may be made regardless of whether the deceased executed a will or died intestate (without a will).The court is given a wide discretion to make adequate provision and may override the provisions of a will when necessary. Although the discretion given is broad, the court usually exercises its powers cautiously in order to avoid unnecessarily ‘re-writing the will’ of the deceased.