CONTESTING AN ESTATE

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Yes, you must file your claim within 12 months from the date of the deceased’s death. If you miss this deadline, you may need to apply for an extension, which can be difficult to obtain. It’s important to act quickly if you are considering contesting a will. 

Family provision matters are claims made under the Succession Act 2006 in NSW by eligible individuals who believe they have not been adequately provided for in a deceased person’s will or under intestacy laws. These claims are typically made by family members, such as spouses, children, or dependents, who believe they should receive a share or larger share of the estate. The court considers factors like the claimant’s needs, the deceased’s relationship with them, and the size and nature of the estate when making a decision. 

  In NSW, eligible people who can make a family provision claim include:

• Spouses (including de facto partners) of the deceased.
• Children (including biological, adopted, and stepchildren in some cases).
• Former spouses who were financially dependent on the deceased at the time of death.
• Dependents who were financially dependent on the deceased. 

The court will assess each claimant’s eligibility based on their relationship with the deceased and their financial needs.

The court considers several factors when deciding whether to make a family provision order, including:

• The size and nature of the deceased’s estate.
• The relationship between the claimant and the deceased.
• The financial needs of the claimant and other beneficiaries.
• Whether the claimant was dependent on the deceased.
• The moral obligations of the deceased to the claimant, such as whether the deceased had previously supported them financially.
• Any other relevant circumstances that could affect the claimant’s entitlement.

The court considers several factors when deciding whether to make a family provision order, including:

• The size and nature of the deceased’s estate.
• The relationship between the claimant and the deceased.
• The financial needs of the claimant and other beneficiaries.
• Whether the claimant was dependent on the deceased.
• The moral obligations of the deceased to the claimant, such as whether the deceased had previously supported them financially.
• Any other relevant circumstances that could affect the claimant’s entitlement.

To make a family provision claim, you must file an application with the Supreme Court of NSW. This includes providing evidence of your relationship with the deceased, details about your financial situation, and the reasons you believe you should be entitled to a share or larger share of the estate. If the claim is successful, the court may make an order for the estate to provide you with financial support. Legal advice and representation are strongly recommended, as these matters can be complex and emotionally charged. 

Yes, many family provision claims are settled without the need for a court hearing. If all parties (including the beneficiaries, executor, and the claimant) can agree on a settlement, the matter can be resolved through negotiation or mediation. If an agreement is reached, the court can formalise the settlement by way of court orders. However, if an agreement cannot be made, the matter may proceed to a court hearing where the judge will decide the outcome.