Family Provisions Claims

Family Provisions Claims


Are you thinking of challenging a will, a grant of Probate or a grant of Letters of Administration.

A family provision claim is an application to the Supreme Court of New South Wales for a share or a larger share from the estate of a deceased person. You can make a family provision claim if you:

1. are an 'eligible person', and
2. have been left out of a will, or
3. did not receive what you thought you were entitled to receive.
4. A family provision claim must be filed with the court within 12 months of the date of death (where the deceased person died on or after 1 March 2009).

An 'eligible person' includes:

1. the wife or husband of the deceased
2. a person who was living in a de facto relationship with the deceased
3. a child of the deceased (including an adopted child)
4. a former wife or husband of the deceased
5. a person who was, at any particular time, wholly (entirely) or partly dependent on the deceased, and who is a grandchild of the deceased or was at that particular time a member of the same household as the deceased
6. a person with whom the deceased was living in a close personal relationship at the time of the deceased person's death.

If you are not sure if you are an eligible person to make a Family Provisions Claim on an estate then contact G&S Law Group to get an opinion.

Some of the matters the Court will consider the following:

1. the relationship between the applicant and the deceased person
2. any obligations or responsibilities owed by the deceased person to the applicant
3. the value and location of the deceased person's estate
4. the financial circumstances of the applicant, including their current and future financial needs
5. whether the applicant is financially supported by another person
6. whether the applicant has any physical, intellectual or mental disabilities
7. the applicant's age
8. any contribution made by the applicant to increase the value of the estate
9. whether the deceased person has already provided for the applicant during their lifetime or from the estate
10. whether the deceased person provided maintenance, support or assistance to the applicant
11. whether any other person is responsible to support the applicant
12. the applicant's character
13. any other claims on the estate
14. any other matter the court may consider as relevant.

If you are thinking of a Family Provisions Claim on an estate then contact G&S Law Group to assist you with the application and determine your prospects of success.

Share by: