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
Step 1
Claim Evaluation
We confidentially evaluate your eligibility, the strength of your claim, & advise on the potential outcomes.
Step 2
Building Your Case
Our lawyers guide you in preparing a powerful case, compiling all necessary evidence of your financial need & relationship.
Step 3
Negotiation & Mediation
We represent you in negotiations & compulsory mediation, aiming to secure your provision & resolve the dispute early.
Step 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
Proven Experience
Decades of experience in Family Provision Claims, specialising in securing fair & adequate provision for our clients.
Empathetic Service
We provide clear, compassionate advice tailored to your personal circumstances & financial needs during a sensitive time.
Robust Advocacy
We build a compelling case with strong evidence to effectively negotiate your rightful inheritance from the estate.
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?
Contesting a Will usually means making a Family Provision Claim. This is an application to the Supreme Court arguing that a valid Will has made inadequate provision for your proper maintenance and support.
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. In some cases, 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 New South Wales, 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 allow an extension, but only if there is sufficient cause for the delay. It is critical to obtain legal advice as early as possible to avoid missing the deadline.
What factors does the court consider in a claim?
The court considers a range of factors, including your financial needs, your relationship with the deceased, the size of the estate, and the needs of other beneficiaries named in the Will.
Do I have to prove I am in financial need?
Yes. A central part of a Family Provision Claim is demonstrating that you have a financial need and that the provision made for you in the Will was inadequate for your proper maintenance and advancement in life.
Can I contest a Will if I was already left something?
Yes. Even if you were left an inheritance, you may still bring a claim if the provision is considered inadequate for your proper maintenance and support.
Can adult children contest their parent’s Will?
Yes. Adult children are recognised as eligible persons and may bring a Family Provision Claim, particularly where financial need can be demonstrated.
Can a stepchild contest a Will?
A stepchild is not automatically eligible. They generally must prove they were a member of the deceased’s household and were wholly or partly dependent on the deceased.
Can a grandchild contest a Will?
A grandchild is not automatically eligible. They usually must show they were wholly or partly dependent on the deceased to be considered an eligible person.
Can a former spouse contest a Will?
Yes. A former spouse is specifically recognised as an eligible person who may bring a Family Provision Claim in NSW.
Will I have to go to court for my claim?
Not always. Most Family Provision Claims are resolved through negotiation or compulsory mediation before proceeding to a final court hearing.
What is mediation in a Will dispute?
Mediation is a confidential process where a neutral mediator helps the parties discuss the dispute 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 fixed amount. The court determines what provision is appropriate based on the specific circumstances of the case, your needs, and the size of the estate.
Who pays the legal costs for a Family Provision Claim?
If a claim is successful, the court will usually order that the claimant’s legal costs be paid from the estate. However, this is always subject to the court’s discretion.
Can I make a claim if there is no Will?
Yes. If a person dies without a Will and the rules of intestacy result in inadequate provision, an eligible person can still bring a Family Provision Claim against the estate.
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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