If you find yourself in a scenario where a loved one has passed away, and you discover that you’ve been left out of their will, or not received as much as expected.

It’s a tough situation that can be emotionally charged and leave you with a lot of questions. In New South Wales (NSW), there’s a legal mechanism to address this issue, it’s known as a Family Provision Claim.

Family provision claims are legal actions that allow certain family members and dependents to contest a will if they believe they haven’t been adequately provided for in the will. These claims are designed to ensure that close family members and dependents aren’t left without a fair share of the deceased person’s estate.

Before we dive into the details, let’s clarify who can actually make a family provision claim in NSW:

The central principle in family provision claims is whether you’ve been left without adequate provision for your proper maintenance, education, or advancement in life. If you believe that the will hasn’t given you a fair shake in these areas, it’s time to explore a family provision claim.

In NSW, there’s a strict time limit for initiating a family provision claim. You’ve got 12 months from the date of the deceased’s passing to start your legal action. While there can be exceptions in very particular circumstances, it’s generally a good rule of thumb to act promptly.

Family provision claims often strike a delicate balance between the rights of family members and dependents and the decision made by the deceased in their will. In other words, the court aims to ensure that eligible claimants receive a fair share while respecting the wishes expressed in the will. Achieving this balance can be a complex task.

When you’re making a family provision claim, the court looks at various factors to determine whether you should receive a provision from the deceased’s estate. These factors include:

It’s crucial to understand that family provision claims are subject to the court’s discretion. Each case is unique, and outcomes may vary. The court makes a decision based on the specific circumstances presented.

Navigating family provision claims in NSW can be challenging, and it’s highly advisable to seek legal advice from an experienced lawyer if you believe you have a valid claim. They can guide you through the process and help you make informed decisions.

In conclusion, if you’ve found yourself left out of a loved one’s will, it’s not the end of the road. Family provision claims exist to ensure that family members and dependents receive their fair share. Understanding the principles behind these claims and seeking professional legal advice are the first steps to addressing this complex and often emotionally charged situation. Remember, you have rights, and it’s important to explore them when you believe you’ve been inadequately provided for in a will.

If you think this is applicable to you, please don’t hesitate to contact us at Langham Lawyers for a free, no risk, initial consultation. In come circumstances, we are able accept these matters on a no win, no fee basis.