What Are Family Provision Claims
Family Provision Claims Law Firm
At Browne Linkenbagh, we understand that when a loved one passes away the distribution of their estate can lead to uncertainty or disappointment for those who believe the deceased owed them a duty of support. A family provision claim is a legal process through which an eligible person may ask the court to alter the distribution of a deceased person’s estate when they believe the provision made for them is not proper and adequate in the circumstances.
Who can make a family provision claim
If you believe you have been left out of a will entirely, or received less than what you believe the deceased intended or what you needed or deserved, a family provision claim may be an option. Under the laws of New South Wales, eligible persons typically include:
- the deceased person’s spouse or de facto partner
- the deceased person’s child (including an adopted child)
- a former spouse
- a person who was partially or wholly financially dependent on the deceased or living with them in certain circumstances
Legal advice is essential to determine whether you qualify.
What the Court will consider
In deciding whether to make an order, the Court will weigh up many factors, including:
- the nature of the relationship between the applicant and the deceased person
- any obligation the deceased had to the applicant
- the size and nature of the deceased’s estate
- the applicant’s financial circumstances and future needs
- whether the applicant has already received provision from the deceased’s estate or during their lifetime
- the applicant’s contributions to the deceased’s estate or welfare
- any other relevant circumstances such as age, health, dependency, and whether the provision made was reasonable in light of the deceased’s wishes.
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Time-frame and Process
If you wish to lodge a family provision claim in New South Wales, it must generally be made within 12 months of the date of death of the deceased person. Note that strict time-limits apply and there may be only limited scope for extension.
The process usually involves:
1.
Legal advice and assessment of whether you are eligible and have a viable claim.
2.
Issuing the application in court (Affidavit/ Summons) if required.
3.
Mediation or alternative dispute resolution is almost always required before a full hearing—settlement early can save time, cost and emotional strain.
4.
If settlement cannot be reached, a hearing before the Court will determine whether provision should be made and if so, in what form.
Why Engage Browne Linkenbagh
Our firm has recognized expertise in wills, estates and succession law in the Blue Mountains region. With founding solicitor Darryl Browne—an Accredited Specialist in Wills & Estates—as a guiding consultant and a team of experienced litigation lawyers, we offer experienced assistance in guiding you through a family provision claim or, if you are an executor or estate administrator, defending or managing one.
We understand how sensitive these matters are: they often involve family dynamics, emotional stress and significant financial implications. We focus on providing clear guidance, sensitive support and pragmatic strategic advice tailored to your position.
Unlike other local firms our team are highly specialized, we focus on this one specific area and have a breadth of experience that is not available at any other local firm. This means that you will get the right advice the first time without the need to pay expert external consultants.
For more information see the Supreme Court NSW website.