Family Provision Claims

A Will is a legal document that outlines how someone’s property (also called their estate) is distributed when they pass away. People have a right to leave their estate to whomever they choose. In some circumstances, however, someone may have a moral obligation to leave part of their estate to close members of their family such as their: spouse (husband or wife), de facto partner, and children, and in some circumstances to their: stepchildren, former spouse or de facto partner, grandchildren, parents or siblings.

In circumstances where someone’s Will or testimony does not leave any provision for recognised close family members, the Will may be challenged by the close family who is not satisfied that they have not received a provision (or the provision is too small). If there is an invalid Will, or even if there is no Will, family members may still challenge the division of the estate. These claims on challenging the distribution of deceased estates are called Family Provision Claims and are governed by the Succession Act 2023. These claims must be made within 6 months of the proving of the will (probate), or 6 months of the grant of the letters of administration of the management of the estate (in cases where there is no will or an invalid Will).