Family Provision

Here’sWhat You Need to Know Losing a loved one is hard enough. Discovering you’ve been left out of their will—or left with less than you expected—can make it even more painful. In NSW, the law gives you the right to challenge a will through a Family Provision Claim to ensure you receive proper support. At Selva Daniel Lawyers, we understand how emotional these disputes can be. Our team provides strong yet compassionate representation to protect your rights. What Is a Family Provision Claim? A Family Provision Claim is an application to the Supreme Court of NSW asking for a fairer share of a deceased estate. Even if you were left out of a will, the Court has the power to change the distribution if it finds you should have been properly provided for. A Recent Success Story At Selva Daniel Lawyers, we recently represented a client who faced what many would consider insurmountable obstacles. She was neither recognised as a spouse nor a de facto partner of the deceased, which made her eligibility appear uncertain. Despite these challenges, through careful preparation and strong advocacy, our barrister successfully secured her rightful portion of the estate. This case highlights that even in difficult or unconventional circumstances, it is possible to succeed in a Family Provision Claim if the Court is satisfied that fairness requires a just distribution. Who Can Apply? Eligibility for a Family Provision Claim in NSW is broader than many people realise. You may be entitled to apply if you are: A spouse or de facto partner of the deceased A child, including adult children A former spouse A person who was financially dependent on the deceased Someone who lived in a close personal relationship with the deceased If you fall into one of these categories, it’s worth seeking legal advice to confirm whether you have a claim. Time Limits Matter Time is critical in these cases. The law requires that a Family Provision Claim be filed within 12 months of the date of death. While the Court has discretion to accept late applications in limited circumstances, waiting too long can significantly weaken your case—or even prevent you from applying at all. For that reason, it’s vital to seek legal advice as soon as you realise you may have been left out of a will. What Does the Court Consider? When assessing whether to grant a Family Provision Claim, the Court looks at a range of factors. These include: Your current financial needs and situation The size and nature of the estate The relationship you had with the deceased The needs and circumstances of other beneficiaries Any contributions you made to the welfare, property, or finances of the deceased during their lifetime Every case is unique, and the Court balances these factors carefully to determine whether a fairer distribution is justified. Why You Should Get Legal Advice Family Provision Claims are both complex and sensitive. They involve not only legal arguments but also delicate family dynamics. Having an experienced lawyer on your side can make all the difference. At Selva Daniel Lawyers, we: Assess whether you are eligible to make a claim File applications promptly to meet strict deadlines Negotiate settlements to avoid costly and drawn-out disputes Represent you strongly in Court Our focus is always on securing the best possible outcome while minimising stress for our clients. Conclusion: Protect Your Rights Today Being left out of a will, or receiving less than what is fair, does not have to be the end of the road. The law in NSW recognises the importance of proper provision for those who were close to the deceased, and gives you the right to challenge. At Selva Daniel Lawyers, we are committed to achieving just outcomes for our clients. Our track record of success—including in cases where eligibility was uncertain—demonstrates the importance of careful preparation and skilled advocacy. 📞 Contact us today for a confidential consultation about your situation and how we can help. 👉 Key Takeaway: If you have been left out of a will or believe you have not received your fair share, you may still have rights. Act quickly, seek legal advice, and don’t leave your future to chance.