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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