Family Provision Claims Lawyers in Sydney & NSW
- 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 a Lawyer Today
Filing Family Provision Claims for:
Spouses & De Facto Partners
Assisting current & former spouses, and de facto partners, who have been left with inadequate provision for proper maintenance & support.
Spouses & De Facto Partners
Children of the Deceased
Expert legal advice for biological, adopted, and adult children who believe they have been unfairly provided for in their parent's Will.
Children of the Deceased
Grandchildren & Dependents
Representing dependent grandchildren to ensure their needs are considered in Will contestation.
Grandchildren & Dependents
Close Personal Relationships
Assisting those who lived in a close personal relationship with the deceased at the time of their death to seek adequate provision from the estate.
Close Personal Relationships
Members of the Household
Advising individuals who were part of the deceased's household and wholly or partly dependent on them, enabling them to make a claim.
Members of the Household
Our Specialised Family Provision Claim Services
Claims for Inadequate Provision
We represent eligible persons left with inadequate provision in a Will, building a strong case to secure the further provision you rightfully need.
Claims on Hidden or Transferred Assets
Our team specialises in identifying and claiming against assets outside the Will, like superannuation or joint property, to fund your provision.
Out of Time Applications
Handling cases where the will-maker may not have known or approved of the specific contents of the Will they signed due to suspicious circumstances.
Speak to us Now or Request a Consultation.
Our Family Provision Claim Process
1
Initial Consultation & Case Assessment
We start with a detailed consultation to confirm your eligibility, assess the strength of your claim, and advise on the potential outcomes.
Initial Consultation & Case Assessment
We start with a detailed consultation to confirm your eligibility, assess the strength of your claim, and advise on the potential outcomes.
2
Gathering Evidence & Preparing Your Case
Our lawyers assist you in gathering all necessary financial and personal evidence to build a compelling case for further provision from the estate.
Gathering Evidence & Preparing Your Case
Our lawyers assist you in gathering all necessary financial and personal evidence to build a compelling case for further provision from the estate.
3
Negotiation & Mediation with the Estate
We manage all communications with the estate’s lawyers, representing your interests in negotiations and at compulsory mediation to seek a settlement.
Negotiation & Mediation with the Estate
We manage all communications with the estate’s lawyers, representing your interests in negotiations and at compulsory mediation to seek a settlement.
4
Supreme Court Proceedings if Required
If a fair settlement cannot be reached, we provide expert representation in the Supreme Court, formally arguing your case for a just provision.
Supreme Court Proceedings if Required
If a fair settlement cannot be reached, we provide expert representation in the Supreme Court, formally arguing your case for a just provision.
Rated 5-Star By Our Clients
Why Clients Choose Us
Decades of Experience
Our Wills & Estates lawyers have over 50 years of experience in successfully managing Family Provision Claims and securing fair outcomes for our clients.
Decades of Experience
Our Wills & Estates lawyers have over 50 years of experience in successfully managing Family Provision Claims and securing fair outcomes for our clients.
Personalised & Empathetic Service
We take the time to understand your unique family situation and financial needs, providing clear and compassionate guidance throughout your claim.
Personalised & Empathetic Service
We take the time to understand your unique family situation and financial needs, providing clear and compassionate guidance throughout your claim.
Strategic Claim & Negotiation
We develop a robust legal strategy, building a strong case to negotiate effectively on your behalf and maximise your entitlement from the estate.
Strategic Claim & Negotiation
We develop a robust legal strategy, building a strong case to negotiate effectively on your behalf and maximise your entitlement from the estate.
Focus on Resolution
Our primary goal is to resolve your claim efficiently through negotiation or mediation, saving you the time, cost, and stress of a final court hearing.
Focus on Resolution
Our primary goal is to resolve your claim efficiently through negotiation or mediation, saving you the time, cost, and stress of a final court hearing.
Speak to us Now or Request a Consultation.
Your Right to Contest an Unfair Will
While a person is free to write their Will as they wish, the law in NSW recognises that they have a moral duty to provide for their close family and dependents. If you are an eligible person and have been left with inadequate provision, you have the right to make a Family Provision Claim to the court.
This claim does not argue that the Will is invalid. Instead, you are asking the Supreme Court to re-examine the distribution and make an order for provision from the estate that is adequate for your proper maintenance, education, and advancement in life.
Who is an "Eligible Person" in NSW?
To make a Family Provision Claim, you must first be classified as an “eligible person” under the Succession Act. This primarily includes the deceased’s spouse, de facto partner, children (of any age), and former spouses.
In some specific circumstances, other people may also be eligible, such as grandchildren or members of the deceased’s household who were financially dependent on them. Determining your eligibility is the critical first step in the process, and often requires an expert assessment of your relationship with the deceased.
What the Court Considers in Your Claim
When assessing your claim, the court considers a wide range of factors. These include the nature of your relationship with the deceased, any contributions you made to their welfare or estate, the size of the estate, and your current and future financial needs.
The court will also weigh your needs against the needs of the other beneficiaries named in the Will. Building a compelling case requires detailed evidence of your financial position and personal circumstances. Presenting this information effectively is key to a successful claim.
Strict Time Limits & Notional Estate
It is absolutely crucial to act quickly. In NSW, a Family Provision Claim must be filed with the court within a strict 12-month time limit from the date of the deceased’s death. Missing this deadline can mean losing your right to make a claim.
Furthermore, if assets like superannuation or jointly owned property have been left outside the Will, the court may be able to designate them as ‘notional estate’ to satisfy your claim. Navigating these complex time limits and legal rules makes timely expert advice essential.
Speak to us Now or Request a Consultation.
How Can Our Expert NSW Wills & Estate Lawyers Help?
Wills Drafting & Review
Crafting & updating clear, legally sound Australian wills to ensure your specific wishes for your domestic assets are documented & protected & more…
Wills Drafting & Review
Domestic Estate Planning
Developing tailored Australian estate plans to safeguard domestic assets, minimise tax, & provide for your loved ones effectively & more…
Domestic Estate Planning
International Estate Planning
Expert advice on cross-border estate planning, international wills & trusts, managing overseas assets & navigating tax-efficient wealth transfer strategies & more…
International Estate Planning
Challenging a Will
(Validity Issues)
(Validity Issues)
Expertly challenging the validity of a will based on grounds like undue influence, lack of testamentary capacity, suspicious circumstances, or fraud & more…
Challenging a Will
(Validity Issues)
Contesting a Will
(Family Provision Claims)
(Family Provision Claims)
Assisting eligible persons to contest a will for adequate provision under the Succession Act 2006 (NSW), navigating negotiations & court claims for a fair share & more…
Contesting a Will
(Family Provision Claims)
Defending a Will
Representing executors & beneficiaries in defending the validity of a will against challenges or defending against family provision claims & more…
Defending a Will
Grant of Probate
Guiding Executors through the Supreme Court process to obtain a Grant of Probate, which officially validates the Will and authorises them to act.
Grant of Probate
Appointment of Enduring Power of Attorney
Preparing essential enduring powers of attorney to appoint trusted individuals for your critical financial & legal decisions if you lose capacity & more…
Appointment of Enduring Power of Attorney
Appointment of Enduring Guardian
Drafting appointments of enduring guardians to make crucial personal, lifestyle & healthcare decisions on your behalf if you’re unable & more…
Appointment of Enduring Guardian
Testamentary Trusts
Establishing effective testamentary trusts within your will for asset protection, tax benefits, and flexible provision for beneficiaries & more…
Testamentary Trusts
Intestacy Law & Advice
Guiding families through the complexities of intestacy when a loved one dies without a valid will, ensuring legal distribution of assets & more…
Intestacy Law & Advice
Letters of Administration
Resolving disputes between executors, administrators, or beneficiaries regarding the management & administration of a deceased estate & more…
Letters of Administration
Administration of Estate
Assisting Executors with the administration of deceased estates, ensuring the lawful and efficient collection, management, distribution of assets & more…
Administration of Estate
Advance Care Directive
Drafting clear and legally sound directives to outline your future medical treatment and end-of-life care wishes & more…
Advance Care Directive
Special Disability Trusts
Establishing specialised trusts to provide for the long-term care and financial security of a loved one with a severe disability & more…
Special Disability Trusts
Family Provision Claims 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 lawyer can assess your eligibility, the strength of your claim, and ensure you act within the strict 12-month time limit.
Expert Legal Help For All Your Needs
Strata Law
Property and strata disputes, building defects claims, setting up new Owners Corporations and more…
Construction & Building Law
Construction and building disputes, building defects, delays and claims, debt recovery and more…
International Estate Planning
Cross-border estate planning, international wills and trusts, tax-efficient wealth transfer strategies and more…
Commercial & Business Law
Starting and scaling your business, banking and business financing, bankruptcy and insolvency and more…
Planning & Environment Law
Environment and planning regulation, land and environment court disputes, sub-divisions and more…
Wills & Estates
Creating, updating and contesting wills, estate planning and administration, probate applications and more…
Speak to us Now or Request a Consultation.
Helpful Links
Site information
How We Can Help
Liability limited by a scheme approved under Professional Standards Legislation.
Copyright © 2025 PBL Law Group. All Rights Reserved
