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  • Writer's pictureMelanie Palmer

Navigating Family Provision Claims in NSW: Your Comprehensive Guide

A judge hitting a gavel on the bench
Family Provision proceedings - a guide

Introduction: In the realm of estate law, ensuring fair distribution of assets is paramount. Yet, there are occasions when a will might not adequately provide for certain family members or dependents. In such instances, the legal framework of Family Provision comes into play. If you find yourself in New South Wales (NSW) grappling with issues of inheritance, understanding the intricacies of Family Provision claims is crucial. At Palmer Legal, we recognize the sensitivity and complexity of such matters, and in this comprehensive guide, we shed light on the process of making a claim for Family Provision in NSW.

Understanding Family Provision Claims: Family Provision laws are designed to address situations where a will fails to make adequate provision for the proper maintenance, education, or advancement in life of certain individuals. In NSW, the legislation governing these claims is the Succession Act 2006. Under this act, eligible persons, including spouses, de facto partners, children, grandchildren, and certain other dependents, can contest a will if they believe they have not been adequately provided.

Grounds for Making a Claim: To successfully pursue a Family Provision claim, one must demonstrate grounds that justify the provision of further support or adjustment of the deceased’s estate. These grounds may include financial need, the relationship between the claimant and the deceased, any promises made by the deceased, contributions made by the claimant to the deceased’s estate, and more. Importantly, each case is unique, and the merits of the claim will be assessed based on the specific circumstances.

Commencing the Claim Process: Initiating a Family Provision claim involves several steps, including lodging a claim with the Supreme Court of NSW within a specified time frame (usually within 12 months of the date of death), providing necessary documentation, and participating in mediation or court proceedings if required. It’s essential to seek legal advice early in the process to understand your rights, obligations, and prospects of success.

Navigating the Legal Landscape: Navigating the legal landscape of Family Provision claims can be intricate and emotionally challenging. Having a knowledgeable and empathetic legal team by your side can make a significant difference. At Palmer Legal, our experienced estate lawyers specialize in handling Family Provision matters, offering tailored advice and representation to clients seeking fair and just outcomes.

Conclusion: In the realm of estate law, Family Provision claims serve as a vital mechanism for ensuring fairness and equity in the distribution of assets. If you believe you have not been adequately provided for in a will, navigating the process of making a claim in NSW requires careful consideration and expert guidance. At Palmer Legal, we are committed to assisting clients in navigating the complexities of Family Provision claims with compassion, diligence, and expertise. Contact us today to discuss your situation and explore your options for seeking the provision you deserve.

By Melanie Palmer

Ph: 02 4869 1392


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