Will Disputes

Our specialist lawyers can help you with your will dispute

In NSW, “eligible persons” can contest a will and make what is called a family provision claim if they have been left with inadequate provision from a deceased Estate.

If you believe that you have been inadequately provided for, and are an “eligible person”, you may be able to make a claim. Briefly, some of the matters to be considered by a Court are:

  1. Your financial position and need for provision;
  2. Your relationship with the deceased;
  3. The size of the Estate;
  4. Other persons eligible to make a claim.

If the deceased died after 1 March 2009, a family provision claim must be commenced within 12 months of the date of death. Whilst the Court has discretion to grant an extension of time, it will only do so if there is “sufficient cause” for doing so.

The Succession Act NSW defines “eligible persons” who may make an application to the Court for a family provision order. These persons include:

  • The wife or husband of the deceased;
  • A de facto spouse of the deceased;
  • A child of the deceased;
  • A former wife or husband of the deceased;
  • A person who was wholly or partly dependent upon the deceased at any particular time;
  • A grandchild of the deceased who was at that particular time or any other time a member of the household in which the deceased was a member;
  • A person with whom the deceased was living in a close personal relationship at the time of the deceased person’s death.

Given the strict time limits that apply, it is important that you act very quickly. We find from experience that many matters can be resolved at mediation without the need for a formal Court hearing. Call us now to find out more.

Stephen Paul Firth
Accredited Specialist in Personal Injury Law

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