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If you feel you have not been adequately provided for following the death of a family member or loved one and would like to seek further provisions from the estate, a family provisions claim may be an option. Speak to our experienced team of Wills and Estates Lawyers for sound and considered legal guidance.
A family provision claim allows eligible persons to make an application to the Supreme Court of New South Wales to gain a share or increase their share of the estate of a deceased family member or loved one.
A family provision claim is made on the grounds that “adequate provision for proper maintenance, education, and maintenance in life” has not been provided from the deceased’s estate. This may mean you are not receiving what you believe you were entitled to from the estate or you were left out of the Will entirely.
A family provision claim can be made in cases where a Legal Will exists and also in some cases where the deceased has left no Will. The claim must be filed with the court within 12 months of the death of the estate owner. The grant of Probate or Letters of Administration is not necessary before making a claim.
The Supreme Court of New South Wales will only accept applications for family provision from those deemed an ‘eligible person’ as defined in section 57 of the Succession Act 2006 (NSW).
You may be eligible to make a family provisions claim in NSW if you are:
The process of making a family provision claim can be long, costly and emotionally exhausting. Sound and considered legal advice from an experienced Wills and Estates Lawyer should be sought to ensure your claim is filed correctly and the correct process is followed.
Our highly experienced legal team will provide expert guidance, assist with the application, prepare all relevant documentation, and lodge with the NSW Supreme Court on your behalf. Our team will work hard to ensure the best possible outcome for your situation.
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