Family Provision Claim

An eligible person can make application to the Supreme Court of New South Wales for a share, or a greater share, of a deceased estate if they believe that they have not been left adequate provision. This is called a family provision claim.

The person seeking a Family Provision Order must demonstrate that they have not been left provision for their proper maintenance, education and advancement in life.

Hosie & Partners can provide advice about a person’s eligibility to make a claim under the Succession Act 2006 (NSW) and the time limit in doing so.

We can guide you through the factors the Court will consider, including the nature of the relationship between the applicant and the deceased, the extent of the Estate, the applicant’s financial resources, needs and contribution to the Estate, any provision made to the applicant during the deceased’s lifetime and from the Estate.

Family provision claims are very circumstantial and no two claims are alike. Contact Hosie & Partners for advice about your eligibility to pursue a family provision claim.