A woman learns that her husband has died, and would like to make a claim against his estate.
She feels that she was not treated properly, and it is unfair of the ex-husband to now died and
leave everything to a charity.
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Comments by Terry Johansson, Specialist Lawyer
The first thing the wife must prove if she is going to challenge the Will in any way, is that she
is entitled to make a claim. In some States there is specific provisions for an ex-spouse to
claim, but only if they are receiving at that stage some form of maintenance, and/or if they
have not re-partnered and/or they were dependent upon the deceased and/or they had not
received a property settlement on the divorce.
Many ex-spouses who are totally independent will have no claim. At the same time they
need to investigate the terms of the property settlement if any: any ex-spouse who has not
received any property payment stands themselves in a stronger position, if they can show that
they are qualified to bring the claim and an element of dependency.
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