Supporting You Through Family Law Matters
When you are left out of a will — or receive inadequate provision — the consequences can be financially serious. In New South Wales, strict time limits apply. Delays can weaken your position. If you believe proper provision was not made for you, our family provision claims Sydney lawyers provide clear, strategic advice designed to protect your legal entitlement under the Succession Act 2006 (NSW).
At Selva Daniel Lawyers, we act promptly, prepare thoroughly, and represent clients confidently in the Supreme Court of New South Wales. Our focus is structured estate litigation strategy — not unnecessary conflict.
Expert Family Provision Lawyers in Sydney
Family provision claims in Sydney are complex estate disputes typically heard in the Supreme Court of NSW. These matters require careful legal preparation, strong financial evidence, and strict procedural compliance.
Our Sydney estate litigation team assists with:
- Assessing eligibility under NSW succession law
- Advising on the 12-month limitation period
- Preparing affidavits and detailed financial evidence
- Filing proceedings in the Supreme Court
- Representing you at mediation
- Conducting contested hearings where required
- Advising executors and beneficiaries defending claims
Whether you are making or defending a claim, strategic early advice is critical.
Our Structured Legal Process
We follow a disciplined process designed to protect your interests.
How the Supreme Court Assesses Family Provision Claims
The Court follows a structured approach and considers:
- Your financial needs, liabilities, and future circumstances
- The size and structure of the estate
- The nature and duration of your relationship with the deceased
- Contributions made to the deceased or the estate
- Competing claims by other beneficiaries
Our role is to present a persuasive, evidence-based case that demonstrates why further provision is justified.
Who Can Make a Family Provision Claim in NSW?
- A spouse or former spouse
- A de facto partner
- A child of the deceased (including adult children)
- A stepchild in certain circumstances
- A person financially dependent on the deceased
Eligibility alone does not guarantee success. The Court must be satisfied that adequate provision was not made for your proper maintenance, education, or advancement in life.We provide honest advice about your prospects from the outset.
Acting in Complex Estate Disputes
- High-value estates
- Family businesses or trusts
- Blended families
- Estranged adult children
- Competing beneficiary claims
- Executors facing multiple applications
We manage complex estate litigation with precision, ensuring your position is clearly presented and legally supported.
Why Clients Choose Our Family Provision Claims Sydney Lawyers
We provide strategic legal support, honest advice, and strong estate litigation experience to help clients resolve family provision disputes efficiently and achieve fair outcomes.
Clear and Realistic Legal Advice
We provide practical advice about eligibility, claim strength, and legal options so clients clearly understand their position before proceeding.
Strong Estate Litigation Experience
Our lawyers bring extensive experience in estate disputes, ensuring each family provision claim is handled with precision and strong legal strategy.
Strategic Negotiation for Efficient Resolution
We focus on negotiation and settlement strategies that resolve disputes efficiently while protecting our clients’ financial and legal interests.
Transparent Guidance on Legal Costs
Clients receive clear information about legal costs, helping them make confident and informed decisions throughout the claim process.
Professional and Discreet Case Handling
We manage sensitive family disputes with professionalism, confidentiality, and respect for all parties involved.
Dedicated Support Throughout the Claim Process
Our team provides consistent guidance and communication from the initial consultation through negotiation, mediation, or court proceedings.
Frequently Asked Questions
Can an adult child contest a will in NSW?
Yes. Adult children are eligible persons under NSW law. However, the Court will assess financial need, relationship history, and competing claims before determining whether further provision should be made.
Can a stepchild make a family provision claim?
In certain circumstances, yes — particularly where financial dependency or household membership can be demonstrated.
What happens if I miss the 12-month deadline?
You may apply for leave to file out of time, but the Court will require a reasonable explanation and evidence of a viable claim.
Are legal costs paid from the estate?
In many successful family provision claims, legal costs may be paid from the estate. However, costs are always at the Court’s discretion.
Do all family provision claims go to trial?
No. Most claims resolve at mediation without a final hearing.
Can an executor defend a family provision claim?
Yes. Executors have a duty to protect the estate and may defend claims where appropriate. We advise executors and beneficiaries responding to applications.