Family Provision Claims
Wills & Estate Planning
Need help with a family provision claim or application?
Family provision claims are a particularly sensitive area of estate law, often involving complex family dynamics and significant emotional challenges. Such claims allow individuals to make an application to the Supreme Court to seek a portion, or a larger portion, of a deceased person’s estate if they believe they have not been adequately provided for. It is worth noting that there are restrictions on who can make such an application to stop the Court from being flooded with applications.
At Burgess Thomson, we specialise in navigating the intricacies of family provision claims and applications in New South Wales (NSW), offering expert legal advice and support to ensure that your entitlements are recognised and protected.
How Burgess Thomson Can Help with Family Provision Claims
Burgess Thomson possesses the expertise and experience required to guide clients through the process of making a family provision claim. We understand that this is often a delicate matter, arising during a time of grief and loss. Our team works closely with clients to:
Assess Eligibility and Merits: We evaluate your relationship with the deceased and the details of the will to determine your eligibility to make a claim under the strict requirements in NSW.
Prepare and File Applications: Our lawyers meticulously prepare and file family provision applications, ensuring that every legal detail is accounted for and your claim is presented compellingly.
Conduct Informal Negotiations: Recognising the benefits of resolving disputes outside of court, we engage in informal negotiations to reach a fair solution that aligns with your interests and those of the estate.
Navigate Legal Proceedings: If your claim progresses to court, we provide skilled representation, drawing on years of experience to advocate effectively for your provision from the estate.
Address Complex Situations: Whether you feel you’ve been unfairly provided for or are defending a claim against an estate, we offer compassionate and comprehensive legal services to navigate these complicated situations.
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Why Choose Burgess Thomson for Advice on Family Provision Claims and Applications
- Expertise in Estate Law: Our team’s extensive knowledge of estate law ensures that your family provision claims are managed with professional expertise.
- Sensitive Legal Support: We provide support that is both legally sound and sensitive to the emotional nature of family provision matters.
- Proven Negotiation Skills: Our skilled negotiators have a proven track record of achieving agreeable outcomes without the need for court intervention.
- Tailored Strategies: We tailor our legal strategies to suit the specific circumstances of your case, ensuring that your claim is addressed personally and effectively.
- Comprehensive Assessment: Our thorough assessment process ensures that all aspects of your claim are considered and addressed with the attention they deserve.
- Courtroom Experience: Should your claim proceed to court, our experienced litigators are prepared to represent your interests robustly.
- Understanding of Grief: We bring an understanding of the difficult emotions involved in family provision claims, providing guidance that is both empathetic and constructive.
- Protecting Your Entitlements: At every step, we focus on protecting your entitlements and ensuring that you receive the provision you deserve.
Losing a loved one is never easy, and the legal challenges that can arise from family provision claims add an additional layer of complexity to an already difficult time. Burgess Thomson is committed to alleviating the burden of these legal challenges, offering compassionate, professional advice and representation to ensure that your rights and entitlements are honoured.
Whether you believe you have not been adequately provided for or are defending the terms of a loved one’s will, our firm has the experience and sensitivity to manage your case with the care it requires.
Contact us or request a quote to learn more about how our skilled team in Newcastle can help with advice on family provision claims and applications.
FAQ's
Applications can only be made by ‘eligible persons’ which is set out in section 57 of the Succession Act 2006 (NSW) to include:
(a) The spouse of the deceased at the time of their death;
(b) The de facto partner of the deceased at the time of their death;
(c) A child of the deceased;
(d) A former spouse of the deceased;
(e) A person wholly or partly dependent on the deceased, who is a grandchild of the deceased or was a member of the household which the deceased person was a member at any particular time;
(f) A person who was in a close personal relationship with the deceased at the time of their death.
The applicant must have been left out of a Will entirely or feel as if the benefit they have received is not enough for their needs. The applicant must then show the court that they have a need for further provision (a further benefit) from the estate.
The application must be filed within 12 months of the deceased’s death. It is not necessary to obtain a grant of Probate or a grant of Letters of Administration before making an application for family provision.
A Court is empowered to make a family provision order if satisfied that the person making the application is an eligible person, or if an eligible person by reason of paragraph (d), (e) or (f), are satisfied that there are factors which warrant the making of an application. The Court must also be satisfied that adequate provision for maintenance, education or advancement in life has not been made by the Will or the operation of the intestacy rules.
The court can make any order the court thinks ought to be made for the maintenance, education or advancement in life of the eligible person having regard to the facts of the case. In making such an order there are mandatory considerations for the court to have regard to listed under section 60 of the Succession Act 2006 (NSW) which include, nature of the relationship between the applicant and the deceased, the financial resources and needs of the applicant, evidence of testamentary intentions of the deceased and the nature of any responsibilities owed by the deceased to the applicant.
