Individuals can bring a family provision claim on the basis that they are an ‘eligible person’ and seek to contest a will. An eligible person includes the partner or other person living with the deceased at the time of death, and a child of the deceased.
The time to bring a family provision claim is within 12 months of the date of death. The application is made to the Supreme Court of New South Wales.
Any application for family provision will require the court will consider a number of factors that bear out the circumstances of the applicant and their relationship with the deceased.
Contesting a will is not straight forward and can be an emotional time for those involved. It is important to obtain legal advice and assistance form a lawyer with the skills and experience to assist you in the process of determining whether to commence a family provision claim.
Dunn + Cockle Lawyers will provide you with straight forward and practical advice to cater for your individual circumstances and needs.
