TFM Claims – Challenging a Will

TESTATOR’S FAMILY MAINTENANCE

DEFENDING or MAKING A CLAIM AGAINST AN ESTATE

Testators Family Maintenance (“TFM”) actions are also known as Part IV claims under the Adminsitration and Provate Act 1958 (Vic) (“the Act”).

Section 91 of the Act permits a claim under Part IV to be made by an eligible person for whom the deceased had responsibility to make provision.

The right to make a claim arises when the deceased by his or her Will, fails to make adequate or proper provision for the maintenance and support of the claimant in light of the deceased’s circumstances and moral obligation to the claimant.

Generally, a claim must be made within 6 months of the Grant of Probate.

In order to succeed in a claim for provision for the maintenance and support from a deceased estate, a claimant must be able to demonstrate both a financial need for provision from the estate and a responsibility on the part of the deceased person to cater out of his or her Estate for that financial need.

Ultimately, the question for the Court is whether the deceased person, considered a wise and just testatot, did, in accordance with prevailing community views and attitudes, have a responsibility to make provision for the proper maintenance and support of a claimant out of his or her Estate.

If:

(a) you believe that you may have a potential claim against an Estate; or

(b) know someone that may have a claim after reading the above information; or

(c) if you are an Executor/Executrix of an Estate and wish to defend the deceased’s Estate against a claim, then feel free to contact Costanzo Lawyers on (03) 9894 5888.