Family provision claims
in New South Wales.
If you have been left out of a will, or feel you have not been adequately provided for, you may be able to apply to the Supreme Court for provision from the estate. Strict time limits apply, so early advice matters. We act for clients across the Hills District and wider Sydney.
An application for provision from an estate
A family provision claim is an application to the Supreme Court of NSW under the Succession Act 2006 (NSW) seeking provision, or further provision, from a deceased person's estate.
The Court's task is to consider whether adequate provision has been made for the applicant's proper maintenance, education or advancement in life — weighing the relationship with the deceased, the size of the estate, the applicant's circumstances and the position of other beneficiaries.
Eligible persons
Only an eligible person can bring a claim. Depending on the circumstances, this may include:
- A spouse or de facto partner of the deceased
- A child of the deceased
- A former spouse
- Certain dependants and members of the deceased's household
Whether a particular person is eligible turns on their own situation and should be assessed individually.
The 12-month time limit
A family provision claim must generally be commenced within 12 months from the date of death. This is a hard deadline. If proceedings are not filed within that period, the right to claim may be lost.
For that reason, anyone considering a claim should seek advice as early as possible — well before the deadline, and ideally before the estate is distributed.
Late applications
The Court has a discretion to allow a claim after 12 months, but only with its permission (leave), and only in limited circumstances. In deciding, the Court considers matters such as:
- The reason for the delay
- Whether the estate has already been distributed
- The strength of the proposed claim
- Any prejudice to beneficiaries caused by the delay
Late claims are more difficult, more expensive and less certain.
Acting on both sides
As a firm that practises litigation daily, we run these matters ourselves rather than handing them off. We act for eligible persons considering a claim, and for executors and beneficiaries defending an estate against one.
- Advising whether you may be an eligible person
- Assessing a potential claim before the deadline
- Commencing and running proceedings in the Supreme Court of NSW
- Defending estates against claims, including negotiated settlements
- Related disputes about the validity of a will or an executor's conduct
Family provision FAQs
Who can make a family provision claim in NSW?
Only an eligible person under the Succession Act 2006 (NSW) — which may include a spouse or de facto partner, a child, a former spouse, and certain dependants or members of the deceased's household. Eligibility depends on the individual circumstances.
How long do I have to make a claim?
Generally within 12 months of the date of death. This is a strict deadline. The Court can allow a late claim in limited circumstances, but only with its permission.
Can a claim be made after the 12-month limit?
Sometimes, but only with the Court's leave. The Court weighs the reason for the delay, whether the estate has been distributed, the strength of the claim, and any prejudice to beneficiaries. Late claims are harder, costlier and less certain.
What does the Court take into account?
Whether adequate provision has been made for your proper maintenance, education or advancement in life — considering your relationship with the deceased, the size of the estate, your needs, and the position of other beneficiaries.
Related: Probate & administration · Wills · Wills & estates overview
Think you may have a claim? Don't wait.
Because of the 12-month time limit, the sooner you get advice the more options you are likely to have. Tell us the situation and we'll come back to you promptly.