Family Provision Claims Lawyers Sydney, NSW
PBL Law Group is a leading NSW law firm specialising in Family Provision Claims to secure your rightful inheritance.
- Expert representation for Family Provision Claims.
- Contesting a Will for your rightful inheritance.
- Dedicated support for spouses, children & dependents.
- Strategic claims to secure your financial future.
Speak to our NSW Family Provision Claim Lawyers Now
We will call you within 24 hours.
Who Our NSW Family Provision Claim Lawyers Help
Spouses & Partners
We assist spouses, de factos, & former spouses contest a Will for their proper maintenance & support.
Children of the Deceased
We provide expert guidance for children of all ages left with inadequate provision from a parent's Will.
Grandchildren & Dependents
We represent dependent grandchildren to ensure their needs for maintenance & support are considered.
Close Personal Relationships
We help those in a close personal relationship seek the financial provision they deserve from the estate.
Members of the Household
We advise dependent household members on their right to make a Family Provision Claim.
How Our NSW Family Provision Claim Lawyers Can Help
Inadequate Provision Claims
We build & lodge strong Family Provision Claims for eligible persons left with an unfair or inadequate inheritance.
Notional Estate Claims
We specialise in claims to access assets outside the Will, like superannuation or joint property, to fund your provision.
Out of Time Applications
If the 12-month deadline has passed, we prepare a strong case to seek the Court’s permission to proceed with your claim.
Defending a Claim
We represent Executors & beneficiaries, providing a robust defence against Family Provision Claims to uphold the Will.
Mediation & Settlement
We are skilled advocates in mediation, focused on negotiating a favourable settlement for you without a court hearing.
Superannuation Claims
We manage legal claims challenging a superannuation fund’s decision on who receives the death benefit.
Real 5-Star Client Reviews
Speak to Our Sydney Family Provision Claim Lawyers Now
We will call you within 24 hours.
Our Family Provision Claim Process
1
Claim Evaluation
We confidentially evaluate your eligibility, the strength of your claim, & advise on the potential outcomes.
2
Building Your Case
Our lawyers guide you in preparing a powerful case, compiling all necessary evidence of your financial need & relationship.
3
Negotiation & Mediation
We represent you in negotiations & compulsory mediation, aiming to secure your provision & resolve the dispute early.
4
Winning in Court
If unresolved, we provide expert litigation support & commence court proceedings to secure a just & fair outcome.
Speak to Our Specialist Family Provision Claim Lawyers Now
We will call you within 24 hours.
Why Choose Our Family Provision Claim Lawyers
1
Proven Experience
Decades of experience in Family Provision Claims, specialising in securing fair & adequate provision for our clients.
2
Empathetic Service
We provide clear, compassionate advice tailored to your personal circumstances & financial needs during a sensitive time.
3
Robust Advocacy
We build a compelling case with strong evidence to effectively negotiate your rightful inheritance from the estate.
4
Cost-Effective Focus
Our goal is to resolve your claim via negotiation or mediation, saving you the cost & stress of a final court hearing.
Visit Our Sydney Wills & Estate Lawyers
We provide expert wills & estate planning advice to clients across NSW. Meet with our team at our central Sydney CBD office, or at our regional offices in Gosford, Gorokan & Coffs Harbour.
Speak to Our Sydney Family Provision Claim Lawyers Now
We will call you within 24 hours.
Left Out? You Can Contest the Will
If you are an “eligible person” left with an unfair or inadequate inheritance, NSW law gives you the right to seek a fairer share. This legal action is a Family Provision Claim.
This process enforces the deceased’s moral duty to provide for their dependents. Our lawyers build a powerful case based on your financial need & relationship with the deceased to secure the provision you rightfully deserve.
The 12-Month Time Limit
In NSW, you have a strict 12-month time limit from the date of death to file a Family Provision Claim with the Supreme Court.
If you miss this deadline, you can lose your right to claim forever. Seeking immediate legal advice is critical to protect your opportunity. Our will contest lawyers act quickly to evaluate your claim & commence proceedings before it’s too late.
Speak to Our NSW Family Provision Claim Lawyers Now
We will call you within 24 hours.
NSW Family Provision Claim FAQs
What does it mean to "contest" a Will?
Who is an "eligible person" to contest a Will in NSW?
Eligible persons are defined by law and include spouses, de facto partners, children, and former spouses. Grandchildren or members of the household may also be eligible if they were dependent on the deceased.
Is there a time limit to make a Family Provision Claim in NSW?
Yes. In NSW, a Family Provision Claim must be filed with the court within 12 months from the date of the deceased’s death.
Can the 12-month time limit be extended?
The court may grant an extension, but only if you can show a “sufficient cause” for the delay. It is crucial to seek legal advice well before the deadline expires.
What factors does the court consider in a claim?
The court considers many factors, including your financial needs, your relationship with the deceased, the size of the estate, and the needs of the other beneficiaries named in the Will.
Do I have to prove I am in financial need?
Yes. A key part of a Family Provision Claim is demonstrating to the court that you have a financial need and that the provision made for you in the Will (if any) was inadequate for your proper maintenance and advancement in life.
Can I contest a Will if I was already left something?
Yes. If the amount you were left is considered inadequate for your proper maintenance and support, you can still make a Family Provision Claim for further provision from the estate.
Can adult children contest their parent's Will?
Yes. Adult children are listed as eligible persons and can make a Family Provision Claim, particularly if they can demonstrate a financial need.
Can a stepchild contest a Will?
A stepchild is not automatically eligible. They must typically prove they were a member of the deceased’s household at some point and were wholly or partly dependent on the deceased.
Can a grandchild contest a Will?
A grandchild is not automatically eligible. They must typically prove they were wholly or partly dependent on the deceased at some point to be considered an eligible person.
Can a former spouse contest a Will?
Yes. A former spouse is listed as an eligible person who can make a Family Provision Claim in NSW.
Will I have to go to court for my claim?
Not always. The vast majority of Family Provision Claims are resolved through negotiation or at a compulsory mediation before reaching a final court hearing.
What is mediation in a Will dispute?
Mediation is a confidential process where a neutral mediator helps all parties discuss the issues and negotiate a mutually acceptable settlement, which can then be approved by the court.
How much will I receive if my claim is successful?
There is no set amount. The court determines what provision is adequate based on the specific facts of your case, your needs, and the size of the estate.
Who pays the legal costs for a Family Provision Claim?
If a claim is successful and an order for provision is made, the court will usually order that the claimant’s legal costs are paid from the deceased’s estate. However, this is always at the court’s discretion.
Can I make a claim if there is no Will (intestacy)?
Yes. If the rules of intestacy (which apply when there is no Will) result in you receiving inadequate provision, an eligible person can still make a Family Provision Claim against the estate.
What is "notional estate"?
In NSW, notional estate refers to assets not directly owned by the deceased at death (e.g., jointly owned property or superannuation) that the court can claw back into the estate to satisfy a Family Provision Claim.
Can superannuation be included in a Family Provision Claim?
Yes. In NSW, superannuation death benefits can often be designated as notional estate by the court, making them available to satisfy a successful claim.
How long does a Family Provision Claim take to resolve?
A claim can take several months to resolve if settled early through negotiation or mediation. If it proceeds to a final court hearing, it can take a year or more.
What is the first step to make a Family Provision Claim?
The first step is to seek expert legal advice immediately. A family provision claims in sydney lawyer can assess your eligibility, the strength of your claim, and ensure you act within the strict 12-month time limit.
How Our NSW Wills & Estate Lawyers Can Assist You
Wills Drafting & Review
We draft & update clear, legally sound wills to ensure your final wishes are documented & protected.
Dispute a Will
Whether a Will is invalid or just unfair, we can help. We challenge Wills on grounds of incapacity or fraud & contest Wills for a fairer provision.
Defending a Will
We represent executors & beneficiaries to defend a will’s validity against challenges or family provision claims.
Family Provision Claims
Unfairly left out of a will? We help eligible persons contest a will & claim their fair share under the Succession Act 2006 (NSW).
Domestic Estate Planning
We create tailored estate plans to safeguard your Australian assets, minimise tax & provide for your loved ones.
International Estate Planning
Our experts advise on cross-border estate planning, international wills & trusts for tax-efficient global wealth transfer.
Grant of Probate
We guide executors through the Supreme Court process to obtain a Grant of Probate, validating the will & authorising you to act.
Enduring Power of Attorney
We prepare enduring powers of attorney to manage your future financial & legal decisions.
Enduring Guardianship
We draft enduring guardianships, appointing someone to make crucial personal, lifestyle & medical decisions if you’re unable.
Testamentary Trusts
We establish effective testamentary trusts within your will for superior asset protection, tax benefits & flexible beneficiary provision.
Intestacy Law & Advice
When a loved one dies without a will, we guide families through intestacy law to ensure the lawful distribution of assets.
Letters of Administration
We assist families in applying to the Supreme Court for Letters of Administration when there is no valid will or executor.
Estate Administration
We help executors with the administration of deceased estates, ensuring the lawful & efficient collection & distribution of assets.
Advance Care Directives
We draft clear directives outlining your medical treatment & end-of-life wishes to ensure they’re respected.
Special Disability Trusts
We establish specialised trusts to provide for the long-term care & financial security of a loved one with a severe disability.
Speak to Our Sydney Family Provision Claim Lawyers Now
We will call you within 24 hours.
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