Family Provision Claims
If you believe that you have been unfairly treated or left out of a Will, we can help
Family provision claims in Sydney, NSW
Family provision laws ensure that eligible family members and dependents receive adequate provision from a deceased’s estate, even if the testator did not adequately provide for them in their will. Understanding family provision claims is crucial for testators and potential claimants, as it can impact the distribution of assets and the resolution of estate disputes. By seeking timely legal advice and guidance from Szabo & Associates’ contesting a will solicitors in Sydney and New South Wales, you can navigate the complexities of the process and work towards achieving a fair and equitable resolution of your claim.
Who Can Make a Family Provision Claim in NSW?
The Succession Act 2006 outlines who can make a family provision claim in Sydney, NSW.
Under this law, the following individuals can make a family provision claim:
- Spouses and de facto partners: A spouse or de facto partner of the deceased at the time of their death can make a claim.
- Children: This includes biological children, adopted children, and stepchildren who were financially dependent on the deceased.
- Former spouses: In certain circumstances, a former spouse may be eligible, particularly if they have not remarried and were financially dependent on the deceased.
- Grandchildren and dependents: Grandchildren or anyone wholly or partly dependent on the deceased and a member of their household might be eligible.
- Close personal relationships: In exceptional cases, someone who had a close personal relationship with the deceased and was financially dependent on them might be able to make a claim.
Grounds for a Family Provision Claim
To successfully make a family provision claim in NSW, the claimant must demonstrate to the court that they have not been adequately provided for in the deceased’s will or estate. The court will consider various factors in determining the validity of the claim, including:
- The size of the deceased’s estate
- The claimant’s financial needs
- The claimant’s relationship with the deceased
- The contributions the claimant made to the decedent’s household or business
- The financial circumstances of the other beneficiaries
Time Limit to File a Family Provision Claim in NSW
In NSW, the time limit to file a family provision claim is 12 months from the date of death. Exceptions may apply in certain rare cases.
Process of Making a Family Provision Claim
The process of making a family provision claim in Sydney, NSW, typically involves the
following steps:
- Obtain legal advice: Consulting with our family provision claims lawyers is crucial because we can assess the merits of your claim, advise you on the process, and guide you through the legal process.
- Gather evidence: Gather evidence to support your claim, including financial records, documentation of your relationship with the deceased, and any other relevant information that can substantiate your case.
- File a claim: File a claim with the Supreme Court of NSW within the prescribed time limit.
- Mediation: Before proceeding to court, you may attempt mediation or negotiation to resolve the dispute amicably.
- Court hearing: If mediation fails, the matter may proceed to court for determination, which involves presenting evidence and arguments to support your claim.
- Final distribution: Once the court resolves your claim, it will issue orders regarding distributing the deceased’s assets among the beneficiaries.
Szabo & Associates Solicitors Can Help You
If you believe you have not been adequately provided for in a will, our experienced Sydney, NSW, contesting a will solicitors specialise in inheritance law and can help you file a family provision claim. Contact us as soon as possible at 02 9281 5088 or by completing our contact form.
Why choose Szabo Solicitors
30 years' experience
George Szabo and our Team of Solicitors have more than 30 years of experience with contesting wills in Sydney, NSW and across other States in Australia too.
High success rate
Years of experience and dedication ensure our high success rate in contesting wills cases.
Personal service
Our personalised approach ensures exceptional service tailored to your unique needs and circumstances.
