Posted in Family Provision Claim

When drafting or interpreting a Will, legal terminology can often be complex and confusing. One such term that frequently appears is "issue." Understanding its meaning is crucial for both the testator (the person making the Will) and beneficiaries, as it can determine how an estate is d...

Following the demise of a loved one, an unexpected Will may make your grief even worse. Maybe you weren't included at all, or your share was less than anticipated. Recovering your rightful inheritance may be possible with the aid of a family provision claim. In New South Wales, individu...

In New South Wales, family provision claims are a legal mechanism for individuals who believe they have not been adequately provided for in a deceased person's Will or Estate. These claims are governed by the Succession Act 2006 (NSW), which sets out specific timeframes and con...

In the context of wills and estates in New South Wales, the terms "challenging" and "contesting" can be somewhat vague or indistinguishable terms. However, they can be used describe different legal actions, each with distinct purposes and grounds. Challenging a Will Challeng...

An eligible person can make a claim for a share of a deceased estate through a family provision claim. A family provision claim is made under Section 59 of the Succession Act 2006 (NSW) and must be made within 12 months of the deceased’s death, unless otherwise allowed for by the court...