What's happening?
A family provision claim is an application to the Supreme Court of NSW by an eligible person who believes they have not been adequately provided for from a deceased person's estate, whether under a will or under the intestacy rules. Eligibility is defined by NSW legislation and generally includes spouses, children and certain other categories of people who were dependent on, or had a close relationship with, the deceased.
What could it mean for me?
- Not every disappointed beneficiary or family member will meet the eligibility criteria to bring a claim
- The Court considers a range of factors when assessing a claim, including the size of the estate and the applicant's needs and relationship with the deceased
- Claims generally need to be brought within a limited period after death, so prompt advice matters
- Bringing a claim can affect the estate's administration and relationships with other beneficiaries
What are my options?
- Obtain advice on whether you meet the eligibility criteria to bring a claim
- Gather evidence of your relationship with, and any dependency on, the deceased
- Consider whether the matter can be resolved through negotiation or mediation
- Proceed with a Supreme Court application if a resolution cannot be reached
What happens next?
- We assess your eligibility and the merits of a potential claim
- We gather relevant evidence supporting your relationship and financial position
- We attempt to negotiate a resolution with the estate where appropriate
- We prepare and file Supreme Court proceedings if required
How can MGE Lawyers help?
MGE Lawyers advises and represents people bringing family provision claims in NSW, helping assess the merits of a potential claim and pursuing a resolution that reflects the circumstances.