Family Provision Matters

If you feel that you have been unfairly provided for or left out of a Will you are able to contest the Will through a family provision claim. Many people do not know this, that is why here at Coman & Associates we are committed to making sure you know your rights in challenging a Will.

What are Family Provision Matters?

Family provision matters occur when an eligible person makes a claim against a deceased person’s estate.

Section 57 of the Succession Act 2006 (NSW) states that the following persons are eligible to make a claim:
1.    a surviving spouse of the deceased person;
2.    a person who was living in a de-facto relationship with the deceased person;
3.    a child of a deceased person, including an adopted child;
4.    a former divorced husband or wife of the deceased;
5.    a person who was:
       a.    wholly or partly dependent on the deceased person;
       b.    a member of the household of the deceased person; or
       c.    a person who was in a close relationship with the deceased person.

The above-mentioned eligible persons can make a claim if:
1.    they were dependent on the deceased;
2.    the share of the deceased’s property is not adequate for their maintenance and support;
3.    the relationship between the deceased and the eligible persons began after the last Will was made;
4.    the Will does not provide enough for the eligible persons who were ex-partners or children from previous marriages           or de facto relationships;
5.    the eligible persons believe that the Will is grossly unfair;
6.    the eligible persons can prove that the Will maker was not in sound mind when the Will was prepared;
7.    the eligible persons can prove that the Will maker was unduly influenced by one or more of the other beneficiaries of
       the Will; or
8.    the Will is not clear.

Once the Supreme Court has determined that you are an eligible person to make a family provision claim the Court will then assess whether adequate provision has been made for you by the deceased.