Family Provision Claim Lawyers

At O’Sullivan Legal, we understand the emotional and financial challenges that arise when a will won’t make fair or adequate provision for a loved one.

Our experienced team is here to guide you through the process of family provision claims, whether you’re contesting or defending a will.

Speak to us today to get started.

Time Limits for Family Provision Claims

Family provision claims must be filed within 12 months of the deceased’s date of death. This deadline is strict, and while extensions may be granted in exceptional circumstances, acting promptly is essential. Filing a claim outside this time frame can significantly reduce the chances of success.

What Is a Family Provision Claim?

A family provision claim is an application made to the Supreme Court of NSW by an eligible person who believes they have been unfairly left out of a will or inadequately provided for. These claims aim to ensure the estate is distributed in a way that reflects the deceased’s responsibilities and obligations toward their dependents and loved ones.

Eligible individuals can make a family provision claim if they:

Are a spouse, de facto partner, child, or former spouse of the deceased.
Are a grandchild or household member of the deceased who was financially dependent on the deceased.
Lived with the deceased in a close personal relationship at the time of death.

Court or Mediation – What Is the Best Option?

Family provision claims are usually referred first to mediation to see if a quicker, less costly, and less adversarial, process can lead to a resolution without going to a final court hearing.

Mediation allows parties to negotiate and reach a mutually acceptable agreement with the help of a neutral mediator.
A final hearing at court may be necessary if mediation fails to resolve the dispute. The court will make a final decision based on factors such as the applicant’s relationship with the deceased, financial needs, and the size of the estate.

At O’Sullivan Legal, we advocate for our clients in both mediation and court, ensuring their rights and interests are protected throughout your matter.

We’re on Your Side – Get in Touch with Us

Contesting a will through a family provision claim requires a thorough understanding of the law, careful preparation, and skilled representation.

At O’Sullivan Legal, our experienced lawyers provide clear, compassionate advice tailored to your unique situation.

Contact us today to discuss your family provision claim.

Frequently Asked Questions

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How successful are family provision claims in contesting a will?

Family provision claims are generally successful when the applicant can demonstrate a genuine need for financial support and a valid relationship with the deceased. The court assesses each case based on factors such as the applicant’s financial circumstances, the size of the estate, and the deceased’s responsibilities toward the claimant.

Can an executor make a family provision claim?

Yes, an executor can make a family provision claim if they are also an eligible person under the law. However, they must take care to manage any conflicts of interest that may arise between their role as executor and their personal claim.

How much does it cost to take a family provision claim case to court?

The costs of a family provision claim can vary depending on the complexity of the case and the length of proceedings. While some legal fees may be paid from the estate, this is not guaranteed.

If the claim is unsuccessful, the applicant may be required to cover their own costs and, in some cases, the costs of the estate. Getting legal assistance can help manage costs and evaluate the likelihood of success.

Contact us today to see how we can help with your case.

We make things easy, efficient and worry-free.
Talk to us today.

Call (02) 8114 4511

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