Contest, Defend, Dispute or Challenge a WillContact Us Now

Commence a contested will claim: Extended family claim from grandfather’s estate

A woman married and her father-in- law was always very supportive, and when her husband

died, he took her in, plus the children. This meant that three generation of family were living


He was a widow, and a relative turned up from overseas before he died, who said that as he

was single everything should go to the relative. He changed his Will to make that relative the

sole beneficiary. And as a result the daughter-in- law and the two children who were still

living in his house, have found themselves getting nothing under the estate. They need to

know whether or not they could claim as dependents.

Comments by Terry Johansson, Specialist Lawyer

It depends on which State the deceased lived, as that determines whether or not the daughter-

in-law can claim. However, the daughter-in- law may be able to claim as a dependent who

has lived with the deceased, or someone who was dependent upon the deceased at the date of

death. The strength in this is that she has been dependent upon the deceased for a long time.

The grandchildren may claim under two heads: as grandchildren who were dependent upon

the deceased that is specifically permitted in the state, or as people who had lived with the

deceased and were dependent on the deceased at the date of death.