Can a carer contest a will?

Posted on May 15th, 2015

Share on LinkedInTweet about this on TwitterEmail this to someoneShare on Google+Print this page

By Robert Lindsay

Robert Lindsay is a Director at Mullane & Lindsay in Newcastle and leads our Commercial & Property Law team.

Under Section 57 of the Succession Act, a person with whom the deceased was living in a close personal relationship at the time of the deceased person’s death is a person eligible to make a claim under the provisions of the Succession Act 2006. A carer of the deceased can, in some circumstances, be deemed to be an eligible person. To be an eligible person the carer must live under the same roof as the deceased person. Also, the carer must not be providing services for reward. Sometimes there are circumstances where two people reside together and one of them provides services in the nature of care to the other, however the relationship does not constitute a de facto relationship.

Before a person can make a claim in an Estate, the person must establish that he or she is an eligible person as defined in the Legislation. In some circumstances a person who was living with the deceased, but not in a de facto relationship, can be held to be an eligible person and is entitled to make a claim for provision from the Estate of the deceased. It is a matter for the court to determine as to whether that person was in a close personal relationship with the deceased and therefore an eligible person.

Robert Lindsay is a Director at Mullane & Lindsay, and practises extensively in Commercial Law, Property Law and Wills & Estate Planning. If you require any assistance in this area please contact Robert Lindsay to arrange a consultation or contact our Newcastle office. 

Share on LinkedInTweet about this on TwitterEmail this to someoneShare on Google+Print this page