Family provisions claims

If you have been left out of a will, or believe that you have been left with inadequate provision[1] in a will or from an estate you may be able to make a claim for provision, or for further provision (“family provisions claim/claim”) from the estate.

The Succession Act (NSW) 2005 provides the categories of persons eligible to make a claim as[2]:

  • The spouse of the deceased;
  • The de facto of the deceased;
  • A child of the deceased;
  • A former spouse of the deceased;
  • A person who, at any particular time, was wholly or partly dependant on the deceased, and who is a grandchild of the deceased and was at any other time, a member of the household with the deceased;
  • A person with whom the deceased was living in a close personal relationship at the time of the deceased’s death.

There are various considerations that the Supreme Court (“the Court”) will make in determining whether a person has been left without adequate provision.[3]

An important aspect to bear in mind is that there is a twelve-month limitation period (from the date of death[4]) to file with the Court to commence a claim.

Once an application for a family provisions claim is filed with the Court, the executor or administrator of the estate will be required to file documents evidencing details of the estate circumstances, including a detail of the estate assets.

Following the filing of both parties documents, the matter will be referred for a mediation or an informal settlement conference (“mediation”), where the various parties will meet with their respective legal representations to discuss the merits of their cases and attempt to reach a resolution.

Michelle Bromfield has had a high success rate in settling matters at and even sometimes prior to mediation, which facilitates efficient and cost-effective access to justice.

If you believe you are an eligible person and would like to discuss your circumstances and how a family provisions claim may unfold for you, please contact Conditsis Lawyers on 4324 5688 or by email to arrange a 15 minute complementary discussion with Michelle Bromfield.

[1] Succession Act (NSW) 2006 s59.
[2] Ibid s57.
[3] Ibid s60.
[4] Ibid s58.

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