How Can A Defacto Spouse Challenge A Will!

The term contesting a will comes under the estate and property act. It means that a person can challenge the will of a deceased person if he or she was related to the deceased individual. A spouse, ex-spouse, step children, grand children are eligible to contest a will to get the share from the property and wealth of the deceased person. In Australia, the de facto spouse of a deceased person can also claim the percentage from the property if he or she proves to the court as a de facto spouse at the death time of the dead individual. Defacto relationship between two people defines as a long term living relationship without being married. At the moment, the cases for defacto will disputes Sydney are increasing at a rapid rate, and estate lawyers are presenting proceedings on behalf of their clients for such situations. 

In Australia, living in the live-in relationship is legal, and in the event of the death of one partner, another can apply to the court to claim the share in the property of the deceased person. The court will spotlight on a few matters to determine whether the two individuals are in a defacto relationship or not at the time of the death of one partner.   

The court will pay attention for the duration of the defacto relationship between two persons. The honorable court may also check the financial independence of the spouse and can check for any commercial agreement between the parties. To point up the case of defacto contesting wills Sydney the court can also pass orders to test the acquisition and possession of the property.

After confirming necessary points to prove defacto relationship the court can make the defacto spouse eligible to claim assets of the deceased person. The defacto spouse is eligible for contesting a will if he or she proves that the provision for defacto spouse has made in the will. After determining the defacto spouse as a beneficiary of the property of the deceased person the court will establish the amount of share. Any number or share from ownership of the deceased person will hand over to the defacto spouse as per the provisions made in the will.

The court will check the real value of the property to determine the share of the defacto spouse and also verify the financial and income resources of the deceased person before making a decision. The court may also check that is there any family member who is liable to take care of the defacto spouse. After reviewing all these aspects, the court will reach the final decision to provide the right to defacto spouse.

There are many cases of defacto will disputes in Sydney noticed in the recent years which proceeds in the honorable courts and handled by the expert lawyers. If you want to challenge the will of a deceased person as a defacto spouse, then you should need to hire the services of a professional and experienced estate lawyer who has appropriate skills and knowledge to grant your right.