Deceased Estates – Family Provision Claims

If you feel you you have been unfairly excluded from a will or have not received your fair share, you may have grounds for legal action.

What is a Family Provision Claim?

A family provision claim is an application to the Supreme Court of NSW for a share or a larger share from the estate of a deceased person.

You can make a family provision claim if you:

• are an ‘eligible person’ (including current or former spouse, de facto partner, child, adopted child, grandchild or dependant, someone in a close personal relationship with the deceased)
• have been left out of a will, or
• did not receive what you thought you were entitled to receive.

It is not necessary to obtain a grant of Probate or a grant of Letters of Administration before making an application for family provision.

How Does the Court Decide?
Courts consider several factors, including:

• Your relationship with the deceased.
• The size and value of the estate.
• Your financial needs and circumstances.
• Disabilities or other special considerations.
• Support provided by the deceased during their lifetime.
• Competing claims from other family members or dependants.

Why seek legal advice?

Estate disputes and probate matters can be complex and emotionally charged. Failing to act promptly may limit your options, and outcomes often depend on understanding the legal system.

Our commitment to you:

We’ll use our expertise to guide you through every step of the process, whether you’re administering an estate, challenging a will, or filing a family provision claim. With clear and compassionate advice, we’ll strive for the best possible outcome and keep you informed throughout.