Case Study: Advocating for Justice in Estate Matters
At Grice Legal, we recently had the privilege of representing the de facto spouse of a deceased individual in a pivotal case under Part IV of the Administration and Probate Act 1958. This case underscores the importance of ensuring that all loved ones are adequately provided for in a will.
Our client had been living with the deceased for approximately 20 years in his home. Despite their long-term relationship and her reliance on him for financial support, the deceased's will made no provision for her. This omission would have left our client homeless and with minimal assets, as she had depended on the deceased who controlled their finances throughout their relationship. The deceased had children from a prior relationship, but no children with our client.
Recognizing the unfairness of this situation, we brought an application in the Supreme Court seeking a provision from the deceased's estate for our client. Case law supports the principle that a person making a will should consider the needs of their spouse, ensuring they are left with a home and sufficient funds to support themselves.
Through diligent negotiation, we successfully secured a substantial payment from the estate for our client. This outcome not only provided her with the financial security she deserved but also enabled her to work with financial planners to purchase a home and invest a modest sum. This investment supplemented her pension entitlements, offering her an additional resource for her future needs.
This case highlights the critical necessity of obtaining sound legal advice when preparing a will. It ensures that your loved ones are cared for and protected, preventing any unintended hardships. If you have concerns regarding your entitlement to an estate, seek legal advice promptly, as there are strict time limits for these matters.
If you need assistance with estate planning or have any concerns about your entitlements, contact Grice Legal today. Our experienced team is here to guide you through the complexities of the law and ensure that your rights and interests are safeguarded.
