Where there is a Will there is a Relative – Understanding Family Provision Claims

Chapter 3 of the Succession Act 2006 in NSW allows certain ‘Eligible persons’ to make Application to the Supreme Court for a ‘Family Provision Order’. 

The Act sets out what may be considered by the Court to make an Order providing additional provision out of the Estate of a deceased person if the Court is satisfied that, at the time the Court is considering the Application, adequate provision for the proper maintenance, education or advancement in life of the person in who’s favour the Order is to be made (the applicant) has not been made by the Will of the deceased person. 

Simply because you are a relative of the deceased, or think that the provisions of the Will are unfair or were not what you expected, may not mean that you are an ‘Eligible person’ to make a claim. A spouse, defacto spouse and a child of the deceased are ‘Eligible persons’. Grandchildren can also be eligible if they can show they were at some stage financially dependant on the deceased. Other persons who were at some stage members of the household and dependant may be entitled to make a claim. 

However, being an ‘Eligible person’ does not guarantee that such claim has some prospects of success.

In every instance you should obtain advice from a solicitor experienced in this area of the law and any claim must be brought within 12 months of the date of death. 

Please contact our office for an appointment with Charles Henley, John Carpenter or Michael Niven.

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