Family Provision Claims
Advice for eligible claimants, executors and beneficiaries in contested estates.
A family provision claim may be available when an eligible person believes that a deceased person's will, or the distribution of an intestate estate, does not make adequate provision for their proper maintenance, education and advancement in life.
In New South Wales, eligible applicants can include a spouse, former spouse, de facto partner, child, and certain dependants or people who lived in a close personal relationship with the deceased. Eligibility does not guarantee an award. The Supreme Court considers the applicant's circumstances, their relationship with the deceased, the size and nature of the estate, competing claims, financial needs, contributions and other relevant factors.
We assist executors, beneficiaries and people considering a claim. Our work can include reviewing the will and estate, confirming eligibility, gathering financial and relationship evidence, assessing competing interests, advising on negotiation and mediation, and representing clients in Supreme Court proceedings.
Strict time limits apply. In NSW, a family provision application generally must be filed within 12 months of the deceased person's death, although the Court may permit a late application in limited circumstances. Executors should also obtain advice before distributing an estate where a claim has been made or threatened.
Early advice can help preserve evidence, clarify the estate's position and create an opportunity to resolve the dispute before legal costs escalate. Contact Monardo Legal promptly if you are considering a claim, responding as executor, or protecting your interest as a beneficiary.