Did the Deceased make promises to you in their lifetime?

In order for a court to make an order binding property of a deceased person, the claimant must prove to the court that:

1. The deceased person made a promise to them during their lifetime;
2. They relied on the promise;
3. They suffered detriment as a consequence of relying on the promise, and that the detriment they suffered was reasonable in the circumstances; and
4. Given the reliance on the promise, it would be unconscionable if the deceased estate was not bound by the promise.

If you think you have been unfairly left out of a Will, contact our team on 02 9151 7339, for us to assess your claim.