Family Provision Claims & Challenging a Will

If you feel you have been unfairly or unjustly left out of a Will, or have received a smaller share than you believe you are entitled to, you may be able to challenge that Will by making a Family Provision Claim.

What Is A Family Provision Claim?

A Family Provision Claim can be made by 'eligible' parties if they have been left out of a Will or have received less than they believe they are entitled to or need.

These 'eligible' parties who can challenge a will via a Family Provision Claim include (of the deceased's);

  • Spouse,
  • De facto partner,
  • Child (including an adopted child),
  • Former spouse, and
  • Grandchild who was dependent (completely or partly) upon them at any given time.

Other eligible parties include;

  • Someone who was dependent (completely or partly) on the deceased whilst living in the same household during that time of dependence, or
  • Someone with whom the deceased was living in a close personal relationship at the time of the deceased's death.

The deceased's adult children, and those who assisted the deceased (including in the building up of the value of the deceased's estate), can also be potentially eligible parties.

How Do Family Provision Claims Work?

Challenging a will questions its validity, whereas contesting a will questions the fairness of its provisions. A Family Provision Claim contests the Will.

Family provision legislation allows a court to overrule the instructions left in a Will, within certain specified grounds.

Any family provision claim must be made to the court within 12 months of the deceased's death.

The court will consider a number of factors, including:

  • The relationship between the deceased and the applicant,
  • Any obligations or responsibilities the deceased owed the applicant, and
  • The applicant's financial circumstances, including future financial needs.

PW Lawyers Can Help

At every stage of a Family Provision Claim, it is vitally important to have sound and experienced legal advice.

We have the skills and experience to negotiate on your behalf to avoid costly court fees and if it comes down to court, we'll be there to fight on your behalf.

Our commitment to you is simple to ensure you receive what you justly deserve and are entitled to.

If you feel you have the right to challenge a will, Contact PW Lawyers on 02 9415 8192 - we can advise you on your legal rights and the the most appropriate course of action.