If you have been left out of a will, received less than you were entitled to, or maybe have not been adequately provided for out of your loved one's estate, you may be able to make a Family Provisions Claim.
A Family Provision claim allows you to challenge the allocations in the Will, with the Court having the power to make alterations in the Will and distribute the deceased's estate in your favour.
Adequate Provision
If you have not received adequate provision for the proper maintenance, education and advancement of your life and 'financial need' in the deceased's Will, then a Family Provisions claim may be available to you.
Persons eligible to make a family provision claims within the meaning of S57 of the Succession Act 2007 (NSW) for a Family Provisions claim include (but are not limited to):
- 1. Spouses and de-facto partners
- 2. Former spouses and de-facto partners
- 3. Children and adopted children
- 4. Grandchildren or household members
- 5. Dependents of the deceased (wholly or partly)
You may be able to contest the terms of the Will with a Family Provisions claim.
Note: you must act quickly as a time limit applies.
For a Family Provision claim to be successful, the judge is likely to rely on various factors such as:
- 1. Your relationship with the deceased Whether there are any ensuing obligations
- 2. or responsibilities that the deceased owes to you
- 3. Your financial circumstances and your age
- 4. Any contributions you have made to the deceased's estate value
- 5. The size and value of the estate
- 6. Your level and dependence on the deceased
- 7. Presence of any other person responsible to support you
- 8. Any other relevant factors that the court may consider relevant
- 9. As an application for a Family Provision Claim is an intimate and often complex process, it is important to seek the legal advice of trusted legal professionals to guide you through this process
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