The purpose of a Will is to enable a deceased person (testator) to leave his or her property to whoever he/she wishes. The law in Australia enables, in limited cases, certain persons depending in their circumstance to apply to the court for an order for provision from the deceased person’s estate.

The claim is made for provision from an estate pursuant to the Succession Act 2006 (NSW). A number of people may apply including:

  • A surviving husband/wife (inclusive of de facto husband/wife or partner of the deceased person).
  • Children of the deceased person (including adapted children).
  • Persons who were financially dependent on the deceased person and apart of the household of the deceased person including grandchildren.
  • Grandchildren, if they were part of the deceased person’s household.
  • A former wife or husband of the deceased person.

An application must be made within 12 months of when the deceased person died.

If you need more information on Wills and estate planning, have been left out of a Will or you were not adequately provided for in a Will contact Hosie and Partners Solicitors.