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Family Provision Claims

Are you considering filing a family provision claim?

About Family Provision Claims

At Barwick Boitano Lawyers, we understand the emotional and financial toll that an inadequate inheritance can have on families. If you believe you have not been adequately provided for in a loved one’s will or under the laws of intestacy, our experienced team is here to guide you through the process of making a family provision claim and securing your rightful share of the estate.
 
Our skilled lawyers are well-versed in NSW succession law and can assist eligible persons, including spouses, children, former partners, and dependents, in making a family provision claim. We understand that each case is unique, and we will work closely with you to understand your specific circumstances and build a strong legal strategy.
 
Our team will carefully evaluate the size of the estate, your financial situation, the nature and duration of your relationship with the deceased, and any special needs or disabilities you may have. We will then present a compelling case to the court, demonstrating the moral obligation of the deceased to provide for you and the inadequacy of the current distribution.
 
If your claim is successful, the court may order a redistribution of the estate, either through a lump sum payment or the transfer of a portion of the estate assets to you. Our goal is to ensure that you receive the proper maintenance, education, or advancement in life that you are entitled to.
 
Don’t let an inadequate inheritance jeopardize your future. Contact Barwick Boitano Lawyers today to schedule a consultation and take the first step towards securing your rightful share of the estate.
Family Provision Claim in New South Wales (NSW)
 
In NSW, the Succession Act 2006 allows certain eligible persons to make a family provision claim against a deceased person’s estate if they believe they have not been adequately provided for in the deceased’s will or under the laws of intestacy.
 
Eligible persons who can make a family provision claim include:

  1. Spouse or de facto partner of the deceased
  2. Child of the deceased (including adopted and step-children)
  3. Former spouse or de facto partner of the deceased
  4. Dependents of the deceased (e.g., grandchildren, members of the same household)
 
To succeed in a family provision claim, the claimant must demonstrate that the deceased had a moral obligation to provide for them, and that the distribution of the estate failed to make adequate provision for their proper maintenance, education, or advancement in life.
 
The court will consider various factors, including the size of the estate, the claimant’s financial circumstances, the nature and duration of their relationship with the deceased, and any disability or special needs of the claimant.If the claim is successful, the court may order a redistribution of the estate, either by making a lump sum payment or transferring a portion of the estate assets to the claimant.
 
It’s crucial to note that strict time limits apply for making a family provision claim in NSW, typically within 12 months of the date of death.

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Concerned about your future care and medical decisions? Our enduring guardian services can help you appoint a trusted person to make important lifestyle and healthcare decisions for you if you become incapacitated.

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Have a valid claim against a deceased person’s estate? Our estate claim services can assist you in navigating the legal process and securing your rightful share of the estate.

Claiming on an Estate

Sustained a workplace injury that goes beyond workers’ compensation? Our work injury damages services can help you seek additional compensation for pain and suffering, loss of earning capacity, and other non-economic losses.

Family Provision Claim

Feel you have been inadequately provided for in a will? Our family provision claim services can help you seek a fair share of the estate, ensuring your financial needs are met.

Equitable Estoppel Claims

Have you relied on a promise or representation regarding an estate? Our equitable estoppel claim services can assist you in seeking compensation for your detriment.

Undue Influence

Suspect a will was made under undue influence or coercion? Our undue influence services can help you challenge the validity of the will and protect your interests.

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Need assistance with the legal process of administering an estate? Our probate and estate administration services can guide you through the complexities, ensuring a smooth and efficient process.

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Need a professionally drafted will? Our will drafting services can help you create a legally binding document that accurately reflects your wishes and protects your assets.

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Should you have any enquiries, need legal advice or wish to accept our offer of a free consultation or no win no fee service, do not hesitate to contact us on free call or you can reach us by email using the contact form below.
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Copyright © 2024 Barwick Boitano Lawyers