Family Provision Claims

If someone has died in the last 12 months, and you feel you should have received some share, or a larger share, of the person’s assets, you may have a legal claim against the estate. This is the case even if you were not left anything in the Will. In broad terms, people who may apply include spouses, de-factos, children, former spouses, and dependent grandchildren or members of the household.

This is not so much a contest about the legality of a Will, but is a claim against an estate under the Family Provisions sections in Chapter 3 of the NSW Succession Act 2006, based on what was fair and reasonable having regard to a wide range of circumstances set out in the legislation.

Family Provision Claim Services

At Trouncer Legal, we have had success in defending or mediating Family Provisions claims on behalf of the estate, or prosecuting claims on behalf of aggrieved clients.

If you are either an Executor or Administrator of a deceased estate, and you have received notice of a claim, or you are someone who feels that may be entitled to make a claim, we suggest you contact our office for an obligation-free 30 minute overview of the issues and prospects.