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This section has information about who can challenge a will, a grant of Probate or a grant of Letters of Administration.
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:
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.
A family provision claim can only be made by an 'eligible person'.
An 'eligible person' includes:
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.
If you are unsure if you are an eligible person you should get
legal advice before you make a family provision claim.
Before making an order, the court will consider the following:
Before you think about making a family provision claim, you could try to resolve your dispute through mediation. Mediation is voluntary and is an effective way of resolving disputes without going to court.
In family provision claim matters, the court will refer the parties to mediation to allow the parties to reach a settlement. You can save a lot of time, money and stress by trying to settle your dispute through mediation before you make a family provision claim.
Community Justice Centres (CJC) offers free mediation services. For more information, see Community Justice Centres (CJC) website.
If you want to learn more about mediation and how it can help you, see Mediation on the Representing Yourself section of our website.
An application for family provision is made by filing a summons together with an affidavit in the Supreme Court of New South Wales. You will also need to pay a filing fee.
Before you decide to apply, it is important that you get