When can a carer contest a Will?

Posted on January 29th, 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.

Section 57(1)(f) of the Succession Act states that a person with whom the deceased person was living in a close personal relationship at the time of the deceased’s death is an eligible person who may commence proceedings seeking provision out of the estate of the deceased person.

This section means that in some circumstances the carer of the deceased person can make a claim if he / she has not been included as a beneficiary in the Will.  A close personal relationship is a relationship (other than a marriage or defacto marriage) between 2 adult persons (whether or not related by family) who are living together, one of whom provides the other with domestic support and personal care.

However, to be an eligible person, the proposed claimant is not deemed to be in a close personal relationship if he / she is performing the services for a fee, a reward or on behalf of another person or an organisation (including a government agency, charitable or benevolent organisation).

It sometimes happens that a brother or sister cares for a sibling or a close friend cares for another close friend and therefore falls into the category of being in a close personal relationship.  In those situations, if the carer is not provided for under the terms of the Will (of the person being cared for) then the carer may be an eligible person and therefore able to make a claim after the death of the person receiving the care.

To be eligible the carer must be living under the same roof as the person who is being cared for.

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