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Estate Claims: A New Battleground

Published on 18 Mar 2015 | Took place at RACV Club, Melbourne, VIC

Controversial changes to the rules relating to who can make a claim against a deceased estate took effect from 1 January 2015. Adult children and other close family members may now find it more difficult to make claims. Some claimants (friendly neighbours, nieces & nephews) will no longer generally be eligible at all. Conversely, clients arguably now have greater freedom of testamentary disposition.

This event analysed these and other changes included in the new legislation and what they mean to your clients.

Individual sessions

Succession law changes

Author(s):  Carolyn Sparke

This paper covers:

  • overview of changes
  • who may bring claims [s 90 definition ‘eligible person’ ]
  • who may bring claims - further detail
  • dependence
  • what applicants must show
  • other matters
  • costs on testators family maintenance claims.
Materials from this session: