Family Provision Claim
Sydney & NSW
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Family Provision Claim Lawyers
Helping You Secure Your Entitlement
Family provision claims, also known as “contesting a will,” are legal avenues available in New South Wales for individuals who believe they have not been adequately or fairly provided for in a deceased person’s will. These claims allow eligible persons to seek a fair share of the estate to ensure their proper maintenance, education, or advancement in life.
If a deceased person’s estate is left to be divided according to intestacy laws or the appointed executor fails to distribute the assets properly, eligible individuals may have grounds to file a family provision claim to seek a just and equitable share of the estate. Our lawyers at NSW Probate are here to support you every step of the way.
Our Legal Services
Whether you are challenging a will, negotiating a settlement, or representing your claim in court, NSW Probate offers tailored legal strategies to achieve the best possible outcome for your family provision order.
Legal Advice and Case Assessment
Before initiating a family provision claim, we provide expert legal advice to assess your eligibility and the strength of your case. We review key factors such as your financial needs, relationship with the deceased, and potential competing claims.
Contesting a Will
If you have been unfairly excluded from a will or not adequately provided for, we guide you through the process of contesting the will under NSW’s succession laws. Our team ensures that your claim is prepared with strong legal arguments to maximise your success.
Mediation and Negotiation
Many family provision claims can be resolved without going to court. We represent you in mediation and negotiations, working towards a fair settlement while minimising legal costs and emotional stress for your financial circumstances.
Court Representation
If a fair settlement cannot be reached through negotiation, our estate litigation lawyers are prepared to represent you in the Supreme Court of NSW. We build a compelling case to advocate for your rights and secure a just outcome.
Our compassionate lawyers offer personalised support,
guiding you through the probate journey with care and expertise.
What is a Family Provision Claim?
A Family Provision application is a legal process in New South Wales that allows individuals to contest a will if they believe the deceased’s will has not made adequate provision for them. The claim is made under the Succession Act 2006 and is designed to ensure that certain family members, dependents, or close relationships are provided for after the death of a loved one.
The court considers whether the applicant was adequately provided for by the deceased’s will and whether the distribution of the estate is fair given the individual’s financial needs, relationship to the deceased, and other circumstances.
Why Choose Our Family Provision Claim Lawyers in Sydney & NSW?
Navigating the complexities of contesting a will requires specialised legal expertise. Here’s why NSW Probate is the right choice for your situation:
Specialised Expertise:
Our lawyers specialise in estate litigation, bringing in-depth knowledge and experience to each case.
Client-Centric Approach:
We prioritise your unique circumstances, providing personalised legal strategies tailored to your situation.
Transparent Communication:
We maintain open and clear communication, keeping you informed at every stage of the process.
Proven Track Record:
Our firm has a history of successfully handling family provision claims, ensuring our clients receive fair outcomes.
Customers Reviews
What Is The Process of Contesting a Will in NSW?
The process of contesting a will through a family provision claim typically involves the following steps:
- Seek Legal Advice: Consult with experienced will challenge lawyers to assess the merits of your claim and understand the legal implications.
- File a Summons and Affidavit: Initiate the claim by filing a summons and a detailed affidavit in the Supreme Court of NSW, outlining your relationship with the deceased and the grounds for your claim.
- Mediation: The court often requires parties to participate in mediation to resolve the dispute without a formal hearing.
- Court Hearing: If mediation fails, the case proceeds to a court hearing, where a judge will make a determination based on the evidence presented.
- Judgment: The court delivers its judgment, which may involve altering the distribution of the estate to provide for the applicant.
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Family Provision Claim Lawyers - FAQs
Who is eligible to make a family provision claim in NSW?
In NSW, individuals who had a close personal relationship or were in a de facto relationship with the deceased and feel they were not adequately provided for in the will may be eligible to make a family provision claim. This includes:
- Spouses and de facto partners
- Children (including adopted children or step children in some cases)
- Former spouses
- Dependents (those who were fully or partly dependent on the deceased)
- Grandchildren (if they were financially dependent)
Each case depends on specific circumstances, and it’s important to seek legal advice to confirm your eligibility after the deceased person’s death.
How do I know if I have a valid claim to contest a will?
You may have grounds to contest a will if the deceased did not provide for you adequately and you meet the criteria under the Succession Act 2006. Common factors the court considers when assessing a family provision claim include:
- your relationship with the deceased (e.g. spouse, child, de facto partner, or dependent)
- whether the deceased had a moral obligation to provide for you
- your financial needs and current financial situation
- the size and value of the deceased’s estate
- the competing claims of other eligible beneficiaries
- any contributions (financial or otherwise) you made to the deceased’s welfare or estate
Consulting with a specialist contesting a will lawyer from NSW Probate can help determine if you have a valid case.
How long do I have to file a family provision claim in NSW?
You must file a family provision claim within 12 months from the date of the deceased’s death. However, in certain circumstances, the court may grant an extension, but this is not guaranteed. To avoid missing this critical deadline, it’s advisable to seek legal advice as soon as possible.
What happens if a family provision claim is successful?
If your claim is successful, the court may order a redistribution of the deceased’s estate. This could mean you receive a larger portion of the estate based on your financial need, relationship to the deceased, and other relevant factors. The court may also consider the intentions of the deceased’s spouse, as well as any other competing claims, when making its decision.
Can family provision claims be settled outside of court?
Yes, many family provision claims are settled outside of court through mediation or negotiation. Mediation can be a cost-effective and quicker way to resolve disputes while maintaining family relationships. If an agreement cannot be reached through these methods, the case may proceed to a formal court hearing for a final decision.
Contact Us
We can help you navigate family provision claims NSW-wide, our experienced estate litigation team is here to guide you every step of the way. Whether you are seeking to contest a will, negotiate a fair settlement, or require court representation, we provide strategic legal advice tailored to your circumstances.
The NSW Probate team specialises in helping our clients with contesting a will. Lawyers with their extensive experience understand the emotional and financial challenges involved in these cases. We work closely with you to assess your eligibility, build a strong claim, and advocate for your rights under NSW succession laws. With a client-focused approach, we aim to achieve the best possible outcome – whether through mediation or court proceedings.