Assisted a Widow / Executor of the Estate to defend a Family Provision claim brought by an Adult Child of the Deceased

The client was the wife of the Deceased.  They were married only 9 months prior to the death of the Deceased and met a mere 3 months prior to their marriage.  Their relationship was cut short only due to the Deceased’s untimely death. The client was the Executor of the Deceased’s Will, which was being … Read more

Assisted Adult Children who were left out of their Father’s Will completely, to gain adequate Provision from the Estate

The clients were adult children and contacted us to ascertain whether they could contest the Will of their late father (“the Deceased”).  The children were the Deceased’s next of kin, as he died leaving no spouse surviving him. The clients were extremely distressed when they discovered that the Deceased had left his entire estate, including … Read more

Assisted a Disadvantaged Client with a Substantial Settlement Sum from her Late Grandfather’s Estate

The client was an adult grandchild of the deceased.  She sought our advice regarding contesting the Will of her late grandfather (“the deceased”), in which she was left a very modest legacy of $20,000 from an estate valued at approximately $750,000. The grandfather’s last Will was made many years prior to his death, after the … Read more

I am a Step-Child, can I contest my Step-Parents Will?

Can I contest my Step-Parents Will? With a continuing rise in “non-traditional” families in Australia, there are an increasing number of step-children seeking to contest the Will of their step-parent, if they have been left out or not adequately provided for.  It is often the case that the child’s natural parent died leaving their entire … Read more

Do time limits apply when making a Family Provision Claim?

What factors influence the success of a Family Provision Claim? In New South Wales, a Family Provision claim must be filed within twelve (12) months from the date of death of the deceased person.  We recommend notifying the executor or administrator of the estate of your claim within six (6) months from the date of … Read more

What does the Court consider when assessing a Family Provision Claim?

What factors influence the success of a Family Provision Claim? Once the Court has established that the applicant is an “eligible person”, the Court then considers whether the deceased person’s Will has made adequate provision for the applicant’s proper maintenance, education and advancement in life.  If the Court determines adequate provision has not been made, … Read more