Have you been left out of a Will? …..there is hope

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.Do you have more questions? Get in touch to arrange an initial consultation with us