I’m contesting my late partner’s will. I lived with him 3 years with health issues. He made the will and he had 3

Hi, I’m John Melis, solicitor, and I am in Australia. I want to thank you for taking the time to speak with me today. Your question means a lot to me. If I were in your position, I would feel just as you do. I’m so glad you contacted us about your situation. I will give you a direction to consider moving forward. I know you’ve spent a lot of time on this already. Your patience here has been so important. If I understand you correctly I suggest the following:

You will be able to raise a family provision claim.

A family provision order is a court order that makes provision for a claimant who seeks a fair share of the deceased estate.

The court order has the effect of varying a valid will or the statutory scheme for intestacy.

When the court makes an order, the order acts as if it is a codicil to the will of the deceased.

The interested party must bring any family provision claim as quickly as possible by placing the executor on notice by issuing a formal memorandum to the executor under the Act.

Where a letter is attached to will explaining reasons for the benefits under the will, and why there is no gift to a person, it will not form as a legal basis to raise an argument against the will.

The letter is only information per se.

There is a misconception that explanation of gifts by a letter attached to the will can be legally binding in weight against a party who wants to make a claim.

The letter is taken into account as to the state of mind of the will-maker, but it will hold no legal significance.

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I know it isn't easy to deal with issues like this, but you're handling it so well.

I can hear your concern and your voice, and if you follow the steps I've suggested above, it will give you a direction to go.

I know you have a lot of choices, and there are various ways to move forward.

If there is anything else, big or small, that I can help you with today, please let me know?

I am so glad you contacted us, and I thank you for reaching out today.

Don't forget to accept the answer and click five stars in support of the community.

It can take anywhere from 2 to 4 weeks.

​You’re handling this matter very well.

If there is anything else, big or small, that I can help you with today, please let me know?