Family provision claims when the deceased estate is located in NSW
A family provision claim is an application to the court to seek adequate provision from the Estate of a deceased person.
Turnbull Hill Lawyers has helped thousands of clients successfully lodge family provision claims. This includes representing individuals in court (if required) throughout the duration of the proceedings that follow a family provision claim.
If you are considering lodging a family provision claim, rest assured our Contested Wills & Estates team has the skill set and experience needed to get the job done to ensure your claim achieves a favourable outcome.
We’ve developed this comprehensive list of frequently asked questions to help you better understand family provision claims.
1. Who can make a family provision claim?
You may be able to make a contested will claim if you:
- Were married to the deceased or you were their de facto partner
- Are a child of the person who made the will (or an adopted child)
- Are the ex-wife or ex-husband of the person who made the will
- Are a grandchild of the person who made the will and were wholly or partially dependent upon them. For example, you lived with the deceased or the deceased supported you financially
- Lived with the person who made the will at some time and you were dependent upon them to some extent (this commonly includes stepchildren or foster children)
Importantly, you could be eligible to make a claim even if there is no will.
2. Is there a time limit for making a family provision claim?
You only have a limited time from the date of death of the will-maker to put in a claim to contest a will, being 12 months (unless an exception applies), so don’t delay. It’s always best to act quickly and get professional guidance on what you’re entitled to.
Turnbull Hill Lawyers has been named in the prestigious 2025 Doyles Guide since 2018.
Liability limited by a scheme approved under Professional Standards Legislation