Family Provisions Claims
Overview
In New South Wales, a Family Provision Application allows individuals who believe they have been unfairly provided for under a Will, or who were left out entirely, to seek a fair share of the deceased’s estate. This application is governed by the Succession Act NSW and can help ensure that eligible individuals receive proper maintenance and support.
Probate and Estate Administration
In New South Wales, "estate administration" refers to the legal process of managing a deceased person's estate, guided by the Probate and Administration Act 1898 and common law.
Family Provisions Claims
In New South Wales, a Family Provision Application allows individuals who believe they have been unfairly provided for under a Will, or who were left out entirely, to seek a fair share of the deceased's estate.
Defending an Estate
Defending a will in the event that a family provision claim is made can be complicated and stressful without appropriate expert legal advice.
Contesting or Challenging a Will
If you've been excluded from a Will or received an unfair share of the estate, you may have grounds to contest or challenge it.
Beneficiaries with Special Needs
Ensuring beneficiaries with special needs are adequately protected can be challenging.
Who Can Apply?
Eligible persons include:
- The deceased’s spouse or de facto partner.
- Children of the deceased.
- Former spouses.
- Individuals who were dependent on the deceased.
- Grandchildren or members of the deceased’s household.
- Close personal relationships at the time of death.
You must file a Family Provision Application within 12 months of the deceased’s death to be considered by the Court.
Talk To Us Today
Our team is prepared to assist you today.
Call on 1300 344 960 for a complimentary 30-minute consultation for new clients.
Making a Family Provision Order
To receive a Family Provision Order, the Court must determine that the applicant is eligible and that they have not been adequately provided for by the Will or intestacy rules. Factors the Court Considers: The Court evaluates numerous factors, including:
- The nature of the relationship between the applicant and the deceased.
- Any financial obligations or responsibilities owed by the deceased.
- The estate’s size and liabilities.
- The financial needs and resources of the applicant.
- The applicant’s physical or mental condition.
- Contributions made by the applicant to the estate or the deceased’s welfare.
- Any prior provisions made for the applicant by the deceased.
The Court has broad discretion to consider any relevant matters, including Aboriginal or Torres Strait Islander customary laws.
If You Are an Executor
If you are an executor facing a Family Provision Application, it’s crucial to seek legal advice. Executors can be indemnified for the costs of defending such claims from the estate’s assets. Distribution of the estate usually can’t occur until resolved.
Get Expert Help
For guidance and representation in Family Provision claims or contested Wills, contact Simons George Legal for a free consultation and case assessment.
Discover why specialised legal support is essential for protecting your interests.