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Spouse - De-Facto - Dependants : Unfair Will Solicitors

LAWYER HELPLINE: ☎ 1800 455 260

The law regarding unfair wills varies dependent on the state or territory however in general terms if a deceased fails to make provision for someone that might reasonably have expected to benefit from a will, then a challenge can be mounted in a court of law to redistribute the assets of the deceased to make reasonable provision for family and dependants. Application for relief is made by a solicitor to the local state or territory Supreme Court of Justice and there are time limits.


In most states and territories the following categories may make application to redistribute the assets of an estate where sufficient provision was not made under a will or where the intestacy rules exclude that person from benefiting where the deceased is intestate with no valid will :-

  • widow or widower
  • de facto partner
  • a child of the person who died
  • some grandchildren
  • a parent of the deceased
  • a former spouse or de facto partner who was receiving, or entitled to receive, maintenance payments at the time the person died

De Facto

Whether or not a ‘de facto’ relationship exists will be determined by the court after consideration of the couples :-

  • living arrangements
  • sexual relationship
  • cohabitation period
  • financial arrangements
  • property ownership
  • presentation to the world


In addition to the forgoing the court will also consider the following issues :-

  • whether redistribution would affect other beneficiaries
  • type and value of property involved
  • ages of potential and existing dependants
  • relationship of the deceased to potential and existing dependants
  • needs of potential and existing dependants
  • personal relationship between the applicant and the deceased

Specialist Will Solicitors

Oue solicitors deal with challenging wills and contesting probate using the no win no fee scheme. If you would like free advice just complete and send the contact form or email our offices or use the helpline and a lawyer will speak to you on the phone with no further obligation.

LAWYER HELPLINE: ☎ 1800 455 260