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I lived with my grandparents, can I challenge their will?

Grandparents can play a vital part in our lives. As a true connection to our family’s past, grandparents are often the most respected among your relatives.

In fact, grandparents have been taking on more responsibility than ever before  in recent years. According to 2004 Australian Bureau of Statistics figures cited by the Australian Institute of Family Studies, more than 31,000 children are cared for by 22,500 grandparent families.

Grandparents stepping into full-time parent roles ensure that children are brought up in stable and loving homes. However, when one or both of the grandparents die, young adults, teenagers and young kids could be left with nothing as part of the will allocation.

If, for some reason, a grandchild is not provided for in the will, there is currently no right for them to approach the Court for provision as they are not automatically an eligible person.

While a standard contested will is not possible for a grandchild, there is another avenue – a Family Provision Claim.

What is a Family Provision Claim?

A Family Provision Claim is an application that is aimed at seeking adequate provision to a family member who was either wholly or partly dependent upon the deceased at some stage of their life. This would allow a grandchild who was either financially or emotionally dependent on their grandparent can contest their will and receive the provisions they need to continue with their life.

In many cases, when grandparents have stepped into the role of a parent, a Family Provision Claim of this nature is more successful.

Nonetheless, you’ll need evidence that you did live with the deceased and were dependent on them. This could come in the form of documentation from social services, bills or residency statements. This is where the help of a professional lawyer can come in handy.

If you are a grandchild who wish to seek provisions from their grandparent’s estate, it is important to seek the assistance of a professional lawyer. These individuals can provide a clear overview of your situation and ensure that you are eligible to make a Family Provision Claim.

Losing a grandparent can be very difficult, especially if they were in a parental position. As such, investigate the services of a lawyer who can ensure this process is as stress-free as possible.

For more information about Family Provision Claims, contact us today on 1800 004 878.

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Contesting Wills
 — Gerard Malouf & Partners

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