IN BRIEF
This year marks the 100th anniversary of the
commencement of family provision legislation in New South Wales.
Despite this, we are continuously surprised by the number of people
who come to see us about their estate planning needs and who are
not aware that their will may be challenged in court. With people
living longer and accumulating more wealth, claims on deceased
estates are becoming increasingly common.
In this article, we discuss the nature of family provision
claims and the measures you can take to help protect your estate
from one.
What is a family provision claim?
A family provision claim is a claim for provision (or additional
provision) from an estate of a deceased person where 1) that person
left the applicant with inadequate provision in their will or 2)
where the person died without a will (on intestacy). Claims of this
nature are governed by Part 3.2 of the Succession Act 2006
(NSW) (Act).
