What happens when you are left out of a Will?

When a loved one passes away, most people expect their wishes to be carried out according to their Will. But what happens if you’ve been left out entirely, or what you’ve received doesn’t feel fair?

In New South Wales, there is a legal pathway known as a family provision claim. It allows certain people to ask the Court for a share, or a larger share, of an estate if adequate provision hasn’t been made for them.

Not everyone can bring a claim. The law sets out who is eligible, which generally includes spouses, de facto partners, children and, in some circumstances, stepchildren or people who were financially dependent on the deceased. If you fall into one of these categories, the next question is whether the Will made “proper provision” for you.

That doesn’t necessarily mean equal provision. The Court looks at a range of factors including your financial position, your relationship with the deceased, any contributions you made, and the size of the estate. It’s a careful balancing exercise—respecting the wishes of the person who has passed away, while also ensuring that those with a legitimate claim are not left without adequate support.

Timing is critical. In most cases, you have 12 months from the date of death to bring a claim. While extensions are sometimes possible, they are not guaranteed and can add complexity and cost.

If you’ve been left out of a Will, or you’re concerned about what you’ve received, it’s worth getting advice early. Understanding your position doesn’t mean you’re committing to a dispute—but it does mean you can make informed decisions at what is often an already difficult time.

Clear, practical advice can make all the difference. Contact Charles Henley for early advice.

“Liability limited by a Scheme approved under the Professional Standards Legislation. This article does not constitute legal advice and provides general information only.”