Do you think that you have been treated fairly in a Will? If not, you may be entitled to make a family provision claim under the Succession Act 2006 if you are an ‘eligible person’
A family provision claim is commenced by way of an application to the Supreme Court of New South Wales for a share or a larger share from the estate of a deceased person.
You can make a family provision claim if you:
- are an ‘eligible person’, and
- have been left out of a will, or
- did not receive what you thought you were entitled to receive.
A family provision claim must be commenced within 12 months of the date of death of the person whose will you wish to challenge.
An ‘eligible person’ includes:
- the wife or husband of the deceased;
- a person who was living in a de-facto relationship with the deceased (including same-sex couples);
- a child of the deceased (including an adopted child);
- a former wife or husband of the deceased;
- a person who was, at any particular time, wholly (entirely) or partly dependent on the deceased, and who is a grandchild of the deceased or was at that particular time a member of the same household as the deceased; or
- a person with whom the deceased was living in a close personal relationship at the time of the deceased person’s death.
Before making an order, the court will consider the following:
- the relationship between you and the deceased person;
- any obligations or responsibilities owed by the deceased to you;
- the value and location of the deceased’s estate;
- your financial circumstances;
- whether you are financially supported by another person;
- whether you have any physical, intellectual or mental disabilities;
- your age;
- your contribution to increase the value of the deceased’s estate;
- whether the deceased has already provided for you during their lifetime;
- whether any other person is responsible to support you;
- your character;
- any applicable customary law if the deceased was Aboriginal or Torres Strait Islander;
- any other claims on the estate; and
- any other matter the court may consider as relevant.
If you are an eligible person and you think you are entitled to make a claim on the deceased estate or you are unsure whether you are entitled to make a claim, you should contact our office.
This article is for general information only and is not intended as legal advice. If you need specific help contact our office.
