Do you feel as if you’ve been left out of a family member’s will, did not receive what you were expecting, or that the estate has been divided unfairly? You may want to consider whether filing a family provision claim with the Supreme Court of NSW is an option for you.

Who is eligible to make a claim?

You may be able to make a claim if:

• You were a spouse or former spouse of the deceased
• You were in a de facto relationship with the deceased
• The deceased is your parent
• You are a grandchild of the deceased, and you were dependant on them at one time
• You had a close personal relationship with the deceased at their time of death

When can a family provision claim application be made?

You can make a claim regardless of whether administration of the estate has been granted. You should make an application within the first 12 months of the date of the deceased’s death, though exceptions may apply.  

What will the court consider in assessing the claim?

The court may take a number of matters into consideration, including:

• The relationship between the you and the deceased person
• Obligations or responsibilities owed to you by the deceased person
• The nature and extent of the deceased person’s estate
• Your financial resources, including earning capacity, as well as your current and future financial needs
• Any physical, intellectual or mental disability you may be experiencing
• Your age
• Contributions you’ve made to the deceased’s estate, or their welfare
• Any evidence of the testamentary intentions of the deceased person, including evidence of statements made
• The character and conduct of the applicant before and after the date of the death of the deceased person

To determine whether proceeding with a family provision claim is the right choice for you, book an initial consultation with Lane Legal today. Call +61 2 9477 1500 or email jlane@lanelegal.com.au.