Family Provision Claims

Has a relative or friend died and not left proper provision for you under the terms of his or her Will?

Or, in the event of there being no Will, has proper provision not been made for you?

At Dimocks Family Lawyers, we will be able to advise you of your right to claim provision from the estate of a deceased person.

In New South Wales, the basis for any such claim is three-fold:

  • you must be an “eligible person”, as defined by the Succession Act 2006 ;
  • having regard to all the circumstances of the case (whether past or present) there are factors that warrant making such an Order; and;
  • at the time the Court hears the case, the Court is satisfied that adequate provision for your proper maintenance, education or advancement in life has not been made by the deceased, or by the operation of the intestacy.

Any such claim must be lodged with the Supreme Court within 12 months of the date of the deceased’s death.

Make an appointment with one of our Solicitors to seek advice as to whether you have a claim worth pursuing or not.

Contact us for answers to your family law issues.

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