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How do I know if I have a Family Provision claim?

Written on the 24 November 2017

Have you been left out of a will?

Or perhaps you haven't been left out of a will, however, you don't think that the deceased's will provides you with adequate provisions for the proper maintenance and advancement in life of yourself or a loved one?

If you answer yes to either of the above questions, then this article is for you.

You may have a potential family provision claim.

In order to bring a family provision claim against the estate of a deceased's person, you must be an "eligible person". Only eligible persons may apply to the Court for a family provision order in respect of the estate of a deceased. An eligible person includes:

  • wife/husband
  • de facto partner who was living with the deceased at the time of the deceased's death
  • child
  • former wife/husband
  • person who was at any particular time dependent on the deceased person AND who is a grandchild of the deceased, or was a member of the household of which the deceased person was a member.

There is a time limit.  A claim must be filed with the Court within 12 months from date of death of the deceased person.

You will also need to show that you have "need" and therefore you should have been left with an adequate provision from the deceased's estate. Please note that your need will be relative to the size of the estate.

If you think that you've been left out of a will and would like some advice about contesting an estate, please call our experienced team at Turnbull Hill on 1800 707 222.

Adrian Corbould

Adrian Corbould is a Law Society Accredited Specialist in Wills & Estates Law. For more than 15 years he has helped hundreds of clients in contested estate matters. His tenacity and experience make him one of the most sought after Will Contest Lawyers in New South Wales (NSW).

Adrian is an Accredited Specialist within the Contested Wills & Estates Team. In certain circumstances, the team operates on a 'No Win, No Fee' basis. If you'd like to discuss your circumstances with a member of the team, call us and ask for a Free Appraisal.


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