Succession Act Claims and Family Provision Claims:

Succession law is state-based and covers four broad topic areas, being; the law of wills, family provision, intestacy and the administration of estates. Claims under succession law, or as they are commonly referred to, ‘Family Provision Act Claims’, deal with claims for an order for provision to be made out of an estate for a person’s maintenance, education and advancement in life.

Family Provision claims are dealt with in Chapter 3 of the Succession Act 2006 (NSW) and apply where a person dies after 1 March 2009. The Wills, Probate and Administration Act 1898 (NSW) applies to deaths that occur prior to that date. There is a strict time-frame for claims to be made, after which they are statute barred unless the court forms the view that there is ‘sufficient cause’. The eligibility to apply for family provision depends on a person’s status or relationship with the deceased. Professional legal advice from a Wills and Estates Lawyer may be greatly beneficial to consider your individual circumstances and advise on the prospects of success.

There is a two-stage process that the court undertakes in determining whether or not you have a valid claim against the estate. This process has been derived from case law, and includes a jurisdictional as well as discretional question. A qualified Wills and Estates Lawyer will be able to have regard to your circumstances and the relevant authorities that you may be able to rely upon in mounting your claim against an estate for provision.

This area of law is subject to review and update, and is in a constant state of flux. Unavoidably, the social, economic and political climate may be influential as to how a Family Provision Claim is interpreted and determined. There are diverse and varied considerations that need to be taken into account, which includes conduct that could be argued to ‘disentitle’ an applicant from a Family Provision. Importantly, parties are not permitted to contract out any relevant Succession Law, nor release their rights. Proper legal advice may be greatly beneficial to ensure that you comply with any time limits and procedural requirements to ensure that your rights and entitlements are protected. A qualified Wills and Estates Lawyer may also be able to advise of prospects of success; costs; evidence and proof; and negotiations and settlements, if necessary.

If you need further legal advice on your Wills and Estates matter, you may book an appointment with us by telephone on (02) 9233 4048 or by email to info@navado.com.au.

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.