Contested Wills & Estate Disputes
Have you been left without adequate provision from an estate?
Szabo & Associates has helped clients across NSW for over 30 years. We provide calm, confidential advice on your options — with no jargon and no pressure.
Family Provision Claims Lawyers in Sydney NSW
If you believe a will or estate distribution has failed to properly provide for you, you may be entitled to make a family provision claim. These claims focus heavily on financial need, dependency, and whether the deceased had a responsibility to provide for your proper maintenance and support.
To understand where you stand, complete our online contact form or call 61 2 9247 8973 to speak with our Sydney-based family provision claims lawyers. Strict time limits apply in New South Wales.
Family Provision Claims in NSW Explained
Family provision claims in New South Wales are governed by the The Succession Act 2006 (NSW). The law recognises that certain family members and dependants should not be left without adequate provision, even where a will exists.
A successful claim requires showing that:
- You are an eligible person under the Act
- The will or intestacy laws failed to make adequate provision
- The deceased had a responsibility to provide for your proper maintenance, education, or advancement in life
Szabo & Associates regularly advise clients across Sydney and NSW on whether their circumstances justify a family provision claim and how financial need is assessed by the court.
Who Can Make a Family Provision Claim?
Eligibility depends on your relationship with the deceased. Common eligible persons include:
- Spouses and de facto partners
- Former spouses
- Children and step-children
- Grandchildren who were financially dependent
- Other dependants
- People in a close personal relationship with the deceased
Each claim is assessed on its own facts. Being financially independent does not automatically prevent a claim, but it may affect the outcome.
The Role of Financial Need in a Family Provision Claim
Financial need is one of the most important factors the court considers when determining whether provision should be made from an estate.
Financial need looks beyond hardship alone. The court assesses whether the provision made, if any, is sufficient for your circumstances and future needs.
When assessing financial need, the court may consider:
- Your current income and financial resources
- Your reasonable living expenses
- Your age and state of health
- Your earning capacity and future prospects
- Your assets and liabilities
- Any financial or non-financial contributions to the deceased
- The size and nature of the estate
- The level of dependency you had on the deceased
Financial need is considered alongside the moral obligation owed by the deceased, but it must be supported by evidence.
Financial Need vs Moral Obligation
While moral obligation is relevant, it is not enough on its own. The court focuses on whether the deceased failed to make adequate provision given your financial circumstances.
For example:
- A close relationship without financial need may result in limited provision
- Moderate financial need combined with dependency may justify adjustment
- Significant financial hardship may support a stronger claim
Understanding this balance is critical before commencing proceedings.
Demonstrating Financial Need in a NSW Family Provision Claim
Clear, detailed evidence is essential. Common supporting material includes:
- Income records, bank statements, and tax returns
- Evidence of expenses such as rent, mortgage, utilities, and medical costs
- Centrelink or pension statements
- Medical records showing current or future care needs
- Expert reports assessing future financial requirements
- Witness statements supporting dependency or financial reliance
Our contesting a will solicitors assist clients to prepare evidence in a way that aligns with how the NSW Supreme Court assesses family provision claims.
Step-by-Step Guide: Making a Family Provision Claim in NSW
Step 1: Obtain Legal Advice
A solicitor assesses eligibility, financial need, and time limits.
Step 2: Review the Estate
We analyse the will, assets, liabilities, and competing claims.
Step 3: Prepare Evidence
Financial, medical, and dependency evidence is compiled.
Step 4: Notify the Executor
Formal notice may prevent premature estate distribution.
Step 5: Negotiate or Mediate
Most claims resolve through settlement without a final hearing.
Step 6: Court Determination if Required
If unresolved, the court decides whether further provision is appropriate.
Szabo & Associates manage each stage with a focus on early resolution and cost control.
Time Limits for Family Provision Claims in NSW
Most claims must be commenced within 12 months of the date of death. Extensions are rare and require court approval.
Delays can seriously affect your rights. Early advice is strongly recommended.
Family Provision Claims Frequently Asked Questions
It refers to your ability to meet living expenses without adequate provision from the estate.
No, but dependency can strengthen your claim.
Generally 12 months from the date of death.
Often yes, where the claim is reasonable.
Yes. Most claims resolve through negotiation or mediation.
No. Owning assets does not prevent a claim if provision is still inadequate.
The court considers age, health, earning capacity, and long-term expenses.
Yes. Adult children may succeed if adequate provision was not made.
Income records, expenses, medical reports, and Centrelink statements.
Yes. The court assesses all claims together when distributing the estate.
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.
Contact Our Family Provision Claims Lawyers in Sydney
If you believe a will has failed to adequately provide for you, do not delay. Understanding how financial need applies to your situation is critical.
Call 02 9247 8973 or complete our online contact form to speak with our Sydney family provision claims lawyers.
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