​ሕግንና ደንብን በተመለከተ እርዳታ ማግኘት ይፈልጋሉን? - Amharic | هل تحتاج لمساعدة قانونية؟ - Arabic | ܤܢܝܼܩܵܐ ܝ݇ܘ̤ܬ ܠܗܲܝܵܪܬܵܐ ܩܵܢܘܿܢܵܝܬܵܐ؟ - Assyrian | Need Legal Help? - Auslan | Treba li vam pravna pomoc? - Bosnian | Burmese â Need Legal Help? | 需要法律帮助吗? - Chinese Simplified | 需要法律幫助嗎? - Chinese Traditional | Trebate li pravnu pomoć? - Croatian | ضرورت به کمک قانونی دارید؟ - Dari | Wïc Kuɔɔny në Wɛ̈t Löŋ? - Dinka | آیا به کمک حقوقی نیاز دارید؟ - Farsi | Gadreva na Veivuke Vakalawa? - Fijian | Kailangan ninyo ba ng tulong na panglegal? - Filipino | Besoin d’aide juridique ? - French | Χρειάζεστε βοήθεια σε νομικά ζητήματα - Greek | क्या आपको कानूनी सलाह चाहिए? - Hindi | Butuhkan Bantuan dalam Masalah Hukum? - Indonesian | Hai bisogno di assistenza legale? - Italian | ត្រូវការជំនួយលើបញ្ហាផ្លូវច្បាប់ឬទេ? - Khmer | 법적인 도움이 필요하십니까? - Korean | Ви треба ли помош со правни работи? - Macedonian | कानूनी सहयोग चाहिएको छ? - Nepalese | Necessita de ajuda com questões jurídicas? - Portuguese | Вам нужна юридическая помощь? - Russian | E Manaomia Fesoasoani i Mea Tau Tulafono? - Samoan | а ли вам треба помоћ у правним питањима? - Serbian | Ma u baahan tahay Caawimmad xagga sharciga ah?- Somali | ¿Necesita ayuda con cuestiones jurídicas? - Spanish | சட்ட உதவி தேவையா? - Tamil | ท่านต้องการความช่วยเหลือทางด้านกฎหมายไหม? - Thai | Fiema’u ha tokoni Fakalao? - Tongan | Yasal Danışmaya İhtiyacınız mı var? - Turkish | Cần Được Giúp Đỡ Về Luật Pháp? - Vietnamese |

Family provision claims

This section has information about who can challenge a will, a grant of Probate or a grant of Letters of Administration.

    ​​What is a family provision claim?

    A family provision claim is an application to the Supreme Court of New South Wales for a share or a larger share from the estate of a deceased person.

    You can make a family provision claim if you:

    • are an 'eligible person', and
    • have been left out of a will, or
    • did not receive what you thought you were entitled to receive.

    A family provision claim must be filed with the court within 12 months of the date of death (where the deceased person died on or after 1 March 2009).

    It is not necessary to obtain a grant of Probate or a grant of Letters of Administration before making an application for family provision.

    Who is eligible to make a family provision claim?

    A family provision claim can only be made by an 'eligible person'.

    An 'eligible person' includes:

    • the wife or husband of the deceased
    • a person who was living in a de facto relationship with the deceased (including same sex couples)
    • a child of the deceased (including an adopted child)
    • a former wife or husband of the deceased
    • a person who was, at any particular time, wholly (entirely) or partly dependent on the deceased, and who is a grandchild of the deceased or was at that particular time a member of the same household as the deceased
    • a person with whom the deceased was living in a close personal relationship at the time of the deceased person's death.

    Icon - alert  If you are an eligible person and you think you are entitled to make a claim on the deceased estate, you should get legal advice. Your application must be made to court within 12 months from the date of the deceased's death.

    Icon - alert  If you are unsure if you are an eligible person you should get legal advice before you make a family provision claim.

    What will the court consider?

    Before making an order, the court will consider the following:

    • the relationship between the applicant and the deceased person
    • any obligations or responsibilities owed by the deceased person to the applicant
    • the value and location of the deceased person's estate
    • the financial circumstances of the applicant, including their current and future financial needs
    • whether the applicant is financially supported by another person
    • whether the applicant has any physical, intellectual or mental disabilities
    • the applicant's age
    • any contribution made by the applicant to increase the value of the estate
    • whether the deceased person has already provided for the applicant during their lifetime or from the estate
    • whether the deceased person provided maintenance, support or assistance to the applicant
    • whether any other person is responsible to support the applicant
    • the applicant's character
    • any applicable customary law if the deceased was Aboriginal or Torres Strait Islander
    • any other claims on the estate
    • any other matter the court may consider as relevant.

    How to make a claim

    An application for family provision is made by filing a summons together with an affidavit in the Supreme Court of New South Wales.

    Icon - alert  Before you decide to apply, it is important that you get legal advice.