What is a Family Provision Claim in NSW?

In New South Wales, a family provision claim allows for eligible people to contest a Will if they feel they have not been adequately provided for. This process is governed by the Succession Act 2006 (NSW), which ensures a deceased person’s estate is distributed fairly among dependents and those with close relationships to the deceased.

Who is an eligible person for a Family Provision Claim?

In NSW, the law is quite clear that not everyone can contest a Will. Usually, the following categories of people may be eligible to make a Family Provision Claim:
• Spouse or de factor partner of the deceased;
• Children (including adopted and stepchildren);
• Former spouses;
• Grandchildren who were financially dependent on the deceased;
• Dependents who lived with the deceased and relied on them financially; and
• Members of the deceased’s household who had a close personal relationship with the deceased.

What are the Grounds for Contesting a Will in NSW?

Often people commence family provision claims when they believe they were unfairly left out of a Will or received an inadequate gift. The most common reasons a person will make a claim for provision from someone’s estate include:
• Insufficient gift/ financial provision in the Will
• Financial dependence on the deceased
• Disputes over the deceased’s intentions for their Will
• Disputes over the validity of the Will.
When making a decision about a claim, the Court considers the financial circumstances of the parties, the size of the estate and the plaintiff’s relationship with the deceased.

Summary

If you feel that you have not been adequately provided for in a will, you may be eligible to make a family provision claim in NSW. There are strict time limits and complicated legal requirements for making a claim. Seeking professional legal advice early to understand what your rights are and how to properly make a claim can improve your chances of a successful outcome.