Estate Disputes - Contesting a Will
Family Provision Claims
A family provision claim is where an eligible person, like a de facto partner or a child that has been excluded from or not appropriately provisioned for, makes a claim challenging your Will.
Generally, there are time limits within which you can bring a family provision claim. In New South Wales, it is 12 months from the date of death. You may be able to seek an extension with approval from the Court; however, this is difficult to obtain. You should seek legal advice as soon as possible after the date of death.
The Court can take into a wide variety of factors, including:
It is difficult enough losing a loved one and making a family provision claim can be complicated, time-consuming and stressful. We are here to provide you with the necessary advice and assistance.
Our principal solicitor, Michael O’Neill, is an accredited specialist in Wills and Estates. His knowledge and expertise will assist you with your claim in a highly professional manner.
A family provision claim is where an eligible person, like a de facto partner or a child that has been excluded from or not appropriately provisioned for, makes a claim challenging your Will.
Generally, there are time limits within which you can bring a family provision claim. In New South Wales, it is 12 months from the date of death. You may be able to seek an extension with approval from the Court; however, this is difficult to obtain. You should seek legal advice as soon as possible after the date of death.
The Court can take into a wide variety of factors, including:
- the type of relationship between the applicant and the deceased;
- the obligation or responsibility that the deceased owed to the application;
- the financial situation of the applicant;
- any physical, intellectual or mental disability of the applicant; and
- any contribution of the applicant to the improvement of the estate.
It is difficult enough losing a loved one and making a family provision claim can be complicated, time-consuming and stressful. We are here to provide you with the necessary advice and assistance.
Our principal solicitor, Michael O’Neill, is an accredited specialist in Wills and Estates. His knowledge and expertise will assist you with your claim in a highly professional manner.
Wills Disputes
There are many other types of Will disputes that may arise after the death of the Will maker. These include:
If you have concerns about a Will or the circumstances around it, get in contact with our team.
- When the executor unreasonably delays in the distribution or mismanages the estate;
- Where beneficiaries have disagreements on the disposition of the estate’s property;
- Where there is suspicion of undue influence, or fraud, in the Will;
- Where there are concerns about the testamentary capacity of the Willmaker;
- Where the Will is not executed or prepared properly; and
- Where terms or the construction of the Will is unclear or ambiguous.
If you have concerns about a Will or the circumstances around it, get in contact with our team.