If you feel like you haven’t been left enough and want a fairer distribution of the estate – a family provision claim can be lodged. In order to do this, you must be regarded as an eligible person (i.e. a spouse, de-facto partner, child of the deceased, dependent of the deceased, member of a household) under the Family Provisions Act 1982 (NSW).
Generally, once eligibility has been established, the legal test that is applied in family provision applications is:
- Whether there is adequate provision for the applicant’s proper maintenance, education and advancement in life under the Will of the deceased or the intestacy rules; and
- If so, what if any, provision ought to be made out of the estate in favour of the applicant.
A claimant for family provision must act promptly as strict time limits apply. In New South Wales, a claim for family provision must be filed within twelve months from the date of death of the deceased.
If you would like more information and think that you are eligible to lodge a family provision claim, contact us for an initial consultation today.