“Hey, help me out and I’ll look after you in my Will!”


So a friend or family member has told you that they will leave you something in their Will.  As a result you look after that person until their final day arrives and that person passes away.  The Will is read and lo and behold, no provision is made for you.  Now what?

There are a few ways that you could receive a benefit from the estate of the deceased:

  1. All of the beneficiaries agree to provide you with a distribution from the estate; or
  2. Make a claim against the estate via the courts.

In order to be successful, you will have to demonstrate to the Court that a promise was made.  No easy feat if it was not made in writing.  Even if a testamentary promise can be proven on the balance of probabilities (that is, it is more likely than not that a promise was actually made) subsequent actions or words may revoke that promise.  If there is any uncertainty as to whether or not a testamentary promise was made, the Court will place a greater emphasis on the ‘moral duty’ to fulfil that promise.


Do you think you ought to been left something in someone’s Will but been left out? Contact one of our friendly staff at Bambrick Legal today:

  • Call us on 08 8362 5269
  • Email admin@bambricklegal.com.au
  • Fill in our enquiry form here
  • Visit our office at 133-135 Rundle Street, Kent Town SA 5067