If you are considering making a Family Provision Claim in New South Wales, the most important rule to understand is the strict time limit to commence proceedings. Missing the deadline can significantly reduce your chances of being successful with your claim. The law gives you only a limited window to act, and once that window closes, you must obtain special permission from the Court to proceed.
This article explains the time limit, how it works, what happens if you miss it, the legal test for late claims, and why acting early is essential.
When someone passes away, their will (or the rules of intestacy if there is no will) determines how their estate is distributed. However, the law in New South Wales recognises that sometimes a will, or the rules of intestacy, do not make adequate provision for certain people who were dependent on or had a close relationship with the deceased. In these cases, a Family Provision Claim can be made pursuant to Chapter 3 of the Succession Act 2006 (NSW).
Being left out of a loved one’s will can be shocking, confusing and deeply upsetting. Many people only discover the contents of a will at an already difficult time. They often assume there is nothing they can do. The reality in NSW is very different. The law recognises that some people should receive provision from an estate, even if the will says otherwise. If you are a child, spouse, former spouse, de facto partner or another eligible person, you may be able to challenge the will and ask the Court to step in and make an order of provision for you. This area of law is known as a family provision claim. Understanding your rights early can make a major difference to the outcome of your case.
In our experience, DIY will kits often do more harm than good. They give people a false sense of security. Many believe they’ve “ticked the box” by signing a will, but in reality they’ve unknowingly left their family with a complex and costly legal problem to resolve at a time when they should be focused on grieving the loss of a loved one.
Contesting a will in New South Wales (NSW) is a legally intricate process that requires careful navigation and planning. While it can be emotionally charged, it's essential to approach the matter with caution and avoid common pitfalls.
In this blog post, we highlight the common mistakes you should steer clear of when contesting a will in NSW. By being aware of these common errors, you could significantly improve the strength of your claim.
