Understanding Family Provision Claims in New South Wales

In New South Wales (NSW), under the Succession Act certain family members or dependants can make a family provision claim.  In these types of claims individuals challenge a deceased person’s will if they believe they have not been adequately provided for.

 

Who Can Make a Family Provision Claim?

Under the *Succession Act 2006*, the following are eligible to make a family provision claim:

1. Spouse This includes a person who was married to the deceased or, in the case of de facto relationships, someone who was in a genuine domestic relationship with the deceased.

2. Children: This category covers biological children, adopted children, and in some cases, stepchildren who were dependent on the deceased.

3. Former Spouse: An ex-spouse may be eligible, particularly if there are ongoing financial needs or obligations arising from the marriage.

4. Dependents: Individuals who were wholly or substantially dependent on the deceased, even if they were not related by blood or marriage, may also be eligible to claim.

 

Grounds for Making a Claim

A person making a claim must demonstrate that the deceased did not make adequate provision for their proper maintenance, education, or advancement in life. The court considers various factors, including:

1. The Applicant’s Needs: Financial needs and living standards of the applicant.

2. The Deceased’s Wishes: The intentions expressed in the will and any statements made by the deceased regarding distribution of their estate.

3. The Size and Nature of the Estate: The overall value and composition of the deceased’s estate.

4. The Applicant’s Relationship with the Deceased: The nature and length of the relationship between the applicant and the deceased.

5. The Claims of Other Beneficiaries: The entitlements and needs of other beneficiaries named in the will.

 

Time Limits for Making a Claim

Family provision claims must be lodged within a specific time frame.

In NSW, the claim must be filed within 12 months of the date of the deceased’s death.

While there may be exceptional circumstances allowing for an extension, it is crucial to adhere to this timeframe to avoid dismissal of the claim.

 

The Legal Process

1. Initial Application

2. Mediation

3. Court Hearing.

4. Decision and Orders.

 

If you believe you have a claim or are facing a claim against an estate, seeking legal advice from a specialist in Disputed Wills and Estate law can provide clarity and guide you through the process the Team at Chamberlains are here to help. Were With You.