To be eligible to make a claim on a Deceased Estate you must fit the criteria of an “eligible person” which is defined in the Succession Act (NSW) 2006 (“the Act”).
As defined by the Act, the following categories are “eligible persons”:
(a) a person who was the spouse of the deceased person at the time of the deceased person’s death,
(b) a person with whom the deceased person was living in a de facto relationship at the time of the deceased person’s death,
(c) (c) a child of the deceased person,
(d) (d) a former spouse of the deceased person,
(e) (e) a person—
(I who was, at any particular time, wholly or partly dependent on the deceased person, and
(ii) who is a grandchild of the deceased person OR was, at that particular time or at any other time, a member of the household of which the deceased person was a member,
(f) a person with whom the deceased person was living in a close personal relationship at the time of the deceased person’s death.
It is not uncommon for disgruntled family members (including grandchildren) to feel entitled, and to engage lawyers to send threatening letters to the Executor of an Estate threatening a claim despite them not actually being “eligible” to do so.
If you receive a threatening letter from an alleged “eligible person” of an Estate and want to know your rights, contact our experienced team of Solicitors who will be able to guide you through the process. Just because you receive a letter from someone alleging to be an “eligible person” doesn’t actually mean they fit the criteria.
If you or someone you know is stuck in the midst of an Estate related dispute contact us today on 02 4627 3333.
This article was published on 29/08/23 and the information is valid only to the date of publishing. This article should be considered merely general and non-specific on the subject matter and is not and should not be considered or relied on as legal, advice. Meehans Solicitors is not responsible in the event this information is relied upon by the reader in the absence of specific legal advice.