A family provision claim is an application to the Supreme Court of New South Wales 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’, and
have been left out of a will, or
did not receive what you thought you were entitled to receive.
A family provision claim must be filed with the court within 12 months of the date of death (where the deceased person died on or after 1 March 2009).
It is not necessary to obtain a grant of Probate or a grant of Letters of Administration before making an application for family provision.
A family provision claim can only be made by an ‘eligible person’.
An ‘eligible person’ includes:
If you are an eligible person and you think you are entitled to make a claim on the deceased estate, you should get legal advice. Your application must be made to court within 12 months from the date of the deceased’s death.
Bob will guide you through the process of making a claim on the estate.
If you are unsure if you are an eligible person you should get legal advice before you make a family provision claim.
Bob will explain to you whether or not you might be an eligible person.
Before making an order, the court will consider the following:
If you die without a valid will (known legally as ‘dying intestate’), a standard formula is used to distribute your property and possessions. Usually, this means all your assets will pass to your spouse or children.
But the situation becomes much more complex if you have a legal spouse and a de facto spouse (ie you’ve separated and have a new unmarried partner), if you have children from different relationships, or if you die with no spouse and no children.
The court’s formula usually also only lets your family members inherit from you. So having a valid will is vital if you want to leave gifts to friends or charities.
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O’Brien Connors & Kennett Solicitors