If you have been left out of a Will, received less than expected, or have not been adequately provided for from a loved one's estate, you may be able to make a Family Provision Claim.
A Family Provision Claim asks the Court to consider whether adequate provision has been made from the estate. We assist eligible applicants and executors with claim assessment, time limits, evidence, negotiation and court process.
Related Legal Guides explain family provision claims, claims after being left out of a friend's Will and claims after being left out of a grandparent's Will.
Adequate Provision
If you have not received adequate provision for the proper maintenance, education and advancement of your life and 'financial need' in the deceased's Will, then a Family Provisions claim may be available to you.
Persons eligible to make a family provision claims within the meaning of S57 of the Succession Act 2007 (NSW) for a Family Provisions claim include (but are not limited to):
- 1. Spouses and de-facto partners
- 2. Former spouses and de-facto partners
- 3. Children and adopted children
- 4. Grandchildren or household members
- 5. Dependents of the deceased (wholly or partly)
You may be able to contest the terms of the Will with a Family Provision Claim. Executors who receive a claim may also need advice about estate administration, evidence and negotiation strategy.
Note: you must act quickly as a time limit applies.
For a Family Provision claim to be successful, the judge is likely to rely on various factors such as:
- 1. Your relationship with the deceased Whether there are any ensuing obligations
- 2. or responsibilities that the deceased owes to you
- 3. Your financial circumstances and your age
- 4. Any contributions you have made to the deceased's estate value
- 5. The size and value of the estate
- 6. Your level and dependence on the deceased
- 7. Presence of any other person responsible to support you
- 8. Any other relevant factors that the court may consider relevant
- 9. As an application for a Family Provision Claim is an intimate and often complex process, it is important to seek legal advice early. We also assist with related probate and estate administration and Will issues.
Understanding Provision Claims: Let our videos explain.
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