Family Provision Claim Lawyers

Family Provision Claims

Disputes relating to an estate can arise for various reasons, including when the deceased does not leave a Will or a valid Will, or the Will is poorly or insufficiently drafted.

Whether you are faced with a Will that is being contested or you are contesting a Will, before or after a Grant of Probate, our skilled Wills and Estate Lawyers can provide you sound and holistic advice on all aspects. We can also advise you as to your eligibility to challenge a Will or Probate once it has been granted in a timely manner, as there is a time limitation that is applicable.

Unfortunately, leaving a Will can sometimes prove insufficient under the law if an ‘eligible person’, being a person who might have expected to receive the provision, is considered to be inadequately provided for. While each State has its own Succession Act governing Family Provision Claims, in New South Wales the Succession Act 2006 (NSW) governs these claims.

Eligible Persons in New South Wales

In New South Wales, in order to be able to bring a Family Provision claim under the Succession Act NSW you must come within the prescribed categories of an “eligible person”.

An “eligible person” includes:

  • A person was the spouse of the deceased at the time of death;
  • A person was living in a de-facto relationship with the deceased;
  • A person who was a child of the deceased (includes adopted children);
  • A Person who was a former spouse of the deceased;
  • A person who was at any particular time, wholly or partly dependent and a member of the deceased’s household; or
  • A person whom the deceased had a close personal relationship with at the time of the deceased’s death.

Unique Circumstances in Family Provision Claims

Family Provision Claims are determined on a case-by-case basis and their facts. Whether you are an executor defending the claim(s) made against the estate or you are the claimant or plaintiff making a claim against an estate, our experienced Sydney Family Provision Claims Lawyers can advise you on how best to proceed with a view to managing and resolving the dispute without unnecessary costs being incurred and with the minimum amount of disruption and stress for all parties.

In addition, our lawyers are also equipped to guide you through and advice on issues of intestacy (where the deceased leaves no Will), claims relating to testamentary capacity, undue influence or where the capacity of the will-maker (testator or testatrix), principal of a power of attorney or appointment of enduring guardian are concerned, and general advice relating to the duties of executors or renunciation of executors.

We appreciate that Family Provision Claims can be very stressful for all involved and we look forward to working with you to achieve a favourable outcome.

Contesting a Will and Grounds for Making a Family Provision Claim

In order to successfully contest a Will and succeed on a Family Provision claim an individual must not only come within the category of eligible persons but must also be able to demonstrate that the deceased failed to make adequate provision for them within the Will.

Factors that the Court will take into account when determining any claim include a claimant’s financial position and their relationship with the deceased. The Court will also take into account the size of the estate, other persons who are eligible to make a claim on the estate and the deceased’s relationship with any other eligible beneficiaries.

Our team of Wills & Estate Lawyers Sydney are very experienced in handling Family Provision Claims, which can be, at times, sensitive and highly emotive disputes. Our focus is negotiating a successful resolution in order to enable all parties to move on with their lives with as little distress as possible. Give us a call today on 02 9262 4003 or submit an online enquiry to get started. 

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