Family provision claims when the deceased estate is located in NSW
A family provision claim is a claim against the estate of a deceased, by a person who claims the deceased should have provided for them in their will, and they weren’t, or who was so provided for, but claims the provision is not enough.
Turnbull Hill Lawyers has helped thousands of clients make successful family provision claims. This includes representing many of those clients in court when their claims were not satisfied by agreement with the executor of the deceased’s estate; if this occurs you request a judge to determine your claim.
If you think you have not been properly provided for in someone’s will, and are considering lodging a family provision claim, our Contested Wills & Estates team has the knowledge and experience to guide and support you through the claims process, and if necessary, legal proceedings.
We’ve developed this comprehensive list of frequently asked questions to help you better understand family provision claims.
You may be eligible to make a family provision claim if you:
- Were married to, or in a de facto relationship, with the deceased at the time of death;
- Are a natural or adopted child of the deceased;
- Are the ex-wife or ex-husband of the deceased;
- Are a grandchild of the deceased and you were wholly, or partially, dependent upon the deceased at some time during (eg if you lived with the deceased or the deceased supported you financially); or
- You lived with the deceased at some time during which time you were dependent upon the deceased to some extent (this commonly includes stepchildren or foster children).
Importantly, making a family provision claim is not dependant on the deceased having left a valid will. If they have not left a valid will, then the rules of intestacy apply as if they are the will.
You have 12 months from the date of death to commence legal proceedings claiming family provision, as of right. Outside this 12 month period, you will require the leave of the Court. Commencing legal proceedings usually involves filing a summons in the Supreme Court of NSW.
It is prudent to act quickly and get professional guidance on your rights and obligations. Please do not hesitate to contact us to discuss.
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