Financial Need in a Family Provision Claim (NSW)

Family provision claims allow eligible individuals to challenge the distribution of a deceased person’s estate if they believe the testator’s will or intestacy laws have not adequately provided for them. Individuals seeking to make a family provision claim in NSW must demonstrate their financial need and dependency on the deceased. Our Szabo & Associates family provision claims solicitors can help you understand financial need in the context of family provision claims and how to assert your rights to fair and adequate provision from your loved one’s estate.

Understanding Family Provision Claims

Under the Succession Act 2006, specific eligible individuals can make a family provision claim if they believe a decedent’s will fails to make adequate provision for their proper maintenance and support. In NSW, eligible persons may include spouses, de facto partners, children, former spouses, and other dependents or individuals in close relationships with the deceased. To succeed in a family provision claim, the claimant must demonstrate that they have not been adequately provided for in the deceased’s will or under intestacy laws and that the deceased had a moral obligation to provide for their proper maintenance, education, or advancement in life.

The Role of Financial Need in Family Provision Claims

Financial need is a central consideration in family provisions claims, as it speaks to the claimant’s reliance on the deceased for financial support and their ability to meet their ongoing living expenses without adequate provision from the estate. In assessing your financial need, the court may consider various factors, including:

• Your current financial resources
• Your reasonable living expenses
• Your age and health
• Your earning capacity
• Your assets
• Your contributions to the deceased’s estate
• The size and nature of the deceased’s estate
• Your dependence on the deceased

It is important to understand the distinction between financial need and moral obligation. While the deceased might have had a moral obligation to provide for you based on your relationship, the court focuses on your demonstrable financial need.

Demonstrating Financial Need in a NSW Family Provision Claim

In a family provision claim, it is essential that you provide clear and compelling evidence of your financial need and dependency on the deceased. This may include:

• Financial records: Such as pay stubs, bank statements, tax returns, evidence of expenses, and Centrelink payment summaries
• Living expense records: For essential expenses like rent, utilities, groceries, and medical bills
• Medical records: If you have ongoing health conditions or require future medical care
• Expert reports: From a financial advisor or social worker that assesses your future financial needs
• Testimony: From witnesses who can attest to your financial circumstances and dependency on the deceased

Let Szabo & Associates Help Navigate Your Family Provision Claim

Financial need is a critical factor in family provision claims, as it speaks to your reliance on the deceased for financial support and your entitlement to provision from the estate. You must be prepared to provide compelling evidence of your financial circumstances, dependency on the deceased, and ongoing financial needs to assert your rights to fair and adequate compensation from the deceased’s estate. For help from our experienced family provision claims lawyers who can help you seek a fair resolution that addresses your financial requirements, contact us at 02 9281 5088 as soon as possible.