You must file your claim with the Supreme Court of NSW within 12 months from the date of the death of the deceased.
Our experienced estate lawyers in Wollongong and throughout Shoalhaven and New South Wales can assist you in dealing with Family Provisions claims.
A family provisions claim is an application to the Supreme Court of NSW for an order for a further provision to be made out of an estate for a person’s advancement, education, or maintenance.
Section 57 of the Succession Act 2006 (NSW) provides that the following ‘eligible persons’ can make a family provisions claim:
- A wife, husband, or de facto partner of the deceased;
- A former wife, husband of the deceased;
- A child of the deceased;
- An adopted or stepchild of the deceased;
- A grandchild of the deceased;
- A person who was a member of the deceased’s household at any time;
- A person with whom the deceased was living in a close personal relationship as at the date of death.