When a person dies in New South Wales (NSW), their estate is normally distributed according to their will. If they die without a will, the estate is divided under NSW intestacy laws.
But what happens if you believe you were unfairly left out of a will or given less than you deserve? This is where family provision claims come in.
Key takeaway: A family provision claim allows eligible people to ask the court for a bigger share of the estate if they were not adequately provided for.
What is a Family Provision Claim in NSW?
A family provision claim is a court application made by an eligible person for a fairer share of the deceased’s estate.
It can be made even if there is a valid will. The court may change the distribution of the estate if it decides the claimant has not received adequate provision for their maintenance, education, or advancement in life.
Who Can Make a Family Provision Claim in NSW?
Under the Succession Act 2006 (NSW), only certain “eligible persons” can make a family provision claim:
- Spouses – married or de facto (including same-sex partners).
- Children – biological, adopted, and stepchildren (including adults).
- Former spouses – in certain circumstances.
- Dependants – anyone financially dependent on the deceased, including those in a close personal relationship who lived with them.
- Grandchildren or other relatives – if financially dependent or with a close, significant relationship.
What Does the Court Consider in a Family Provision Claim?
The court looks at several factors, including:
- Size and value of the estate – enough assets must be available without unfairly affecting other beneficiaries.
- The deceased’s wishes – considered but not final.
- Claimant’s financial needs – income, assets, debts, and other support.
- Relationship with the deceased – closer and dependent relationships carry more weight.
- Contributions to the deceased’s estate or welfare – financial or care-based.
- Special circumstances – disability, illness, or conduct of the parties.
Time Limits for Making a Family Provision Claim in NSW
Family provision claims must be made within 12 months of the deceased’s death.
The court can extend this only in exceptional circumstances, so it’s important to get legal advice early.
Why Choose Robbins Watson Solicitors for Your Family Provision Claim?
- Gold Coast-based, NSW claim expertise
- Decades of estate litigation experience
- Free initial case appraisal
- Get Started Online option for convenience
Take the Next Step
If you think you may have a claim:
You can book a free case appraisal with one of our Gold Coast based Estate Litigation Lawyers here. You can also select Get Started Online to get started with your estate dispute online.
