Family Provision Claim

If you are the spouse or a child or a person living in a close personal relationship with a deceased and left out in a will, you might have a claim under the Family Provision Claim.

Our law office successfully acted for a de facto wife who was not provided any share in the estate of the deceased partner in spite of having 3 children of the relationship. We brought an application with the Supreme Court of New South Wales which dragged for months as the executor refused to settle despite the fact that our client needs a share of the big estate for maintenance in life.

The defendant estate gave in to our claim just hours before the matter was heard. It appeared that the other party realised that their position is untenable and exposed them to large court cost if the trial push through.

Section 60 of the Succession Act 2006 (NSW) are matters the Court will consider in giving share to the eligible person:

• Nature and duration of the relationship

• Obligation owed by the deceased to the applicant

• Extent of the deceased person’s estate

• Financial needs of the applicant both present and future

• Age of the applicant

• Any contribution by the applicant to the acquisition and conservation and improvement of the estate of the deceased.

The lesson in this case is to seek legal representation if you are an eligible person and was left in the will of your deceased loved one.