Left out of a Will? Inadequate provision?
You may be eligible to make a Family Provision Claim. Speak to Simon Bennett’s estate team serving Menai, Cronulla and the Sutherland Shire.
12-month time limit applies in NSW
Left out of a Will? Inadequate provision?
You may be eligible to make a Family Provision Claim. Speak to Simon Bennett’s estate team serving Menai, Cronulla and the Sutherland Shire.
12-month time limit applies in NSW
Who can make a Family Provision Claim?
If a family member or someone you depended on has passed away and you’ve been left out of their will, or you believe the provision made for you is inadequate, you may be eligible to make a Family Provision Claim under the Succession Act 2006 (NSW).
You may be an eligible person under the Act if you are:
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A spouse of the deceased at the time of their death
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A person in a de facto relationship with the deceased
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A child of the deceased
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A former spouse of the deceased
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A grandchild or member of your household who was dependent
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A person in a close personal relationship with the deceased
Whether you are eligible and whether a claim is likely to succeed depends on the specific circumstances of your case. The best way to find out is to speak with us.
Request a callback from our team. Confidential. No Obligation.
Critical Time Limits Apply Under NSW Law
The Court can grant leave for late applications in some circumstances, but it is much harder. If a loved one has recently passed away and you are considering a claim, please get advice as soon as you can.
What happens when you contact us
Local Sutherland Shire estate lawyers since 2009
Confidential advice on Family Provision Claims
Offices in Cronulla and Menai
About Simon Bennett
Simon Bennett is the Managing Partner of Southern Waters Legal and a Doyle’s Guide-listed leading succession lawyer in Australia. He has extensive experience advising clients on contested estate matters, Family Provision Claims, and succession planning.
He regularly assists clients with:
With significant experience across contested estates and family provision matters, Simon and his team understand that these situations are often emotionally difficult as well as legally complex. We aim to provide clear advice, practical strategy, and a steady hand through a difficult time.
Limited initial appointments available each week.
FAQ
FREQUENTLY ASKED QUESTIONS
What is a Family Provision Claim?
A Family Provision Claim is an application under the Succession Act 2006 (NSW) made by an eligible person who has been left out of a will, or who believes the provision made for them is inadequate. If the Court is satisfied a claim is warranted, it can order provision, or further provision, be made out of the deceased’s estate.
Who is eligible to make a Family Provision Claim?
You may be an eligible person under the Act if you are a spouse of the deceased at the time of their death, a person in a de facto relationship with the deceased, a child of the deceased, a former spouse of the deceased, a grandchild or member of the deceased’s household who was dependent on them, or a person in a close personal relationship with the deceased. Whether you’re eligible, and whether a claim is likely to succeed, depends on your specific circumstances; the best way to find out is to speak with us.
How long do I have to make a claim?
Under section 58 of the Succession Act 2006 (NSW), an application for a family provision order must generally be made within 12 months after the date of death. The Court can grant leave for a late application in some circumstances, but it is much harder to obtain. If a loved one has recently passed away and you are considering a claim, it’s best to get advice as soon as you can.
What happens when I contact Southern Waters Legal?
You can call us or submit the callback form, and our Client Services team will call you back the same business day if you enquire before 3 pm. We will have a brief confidential conversation to understand your situation, and if we can help, we will arrange a meeting with one of our solicitors.
Do you offer appointments in Cronulla and Menai?
Yes. Our Wills & estate planning team has offices in Cronulla and Menai and acts for families across the Sutherland Shire in Family Provision Claims and contested estate matters.
Speak to Our Team
Confidential, no obligation. Our Client Services team will call you back the same business day if you enquire before 3 pm.
What Our Local Clients Say
"I was given clear, practical advice without any unnecessary complexity. I felt genuinely looked after throughout my matter and would recommend Southern Waters Legal without hesitation."
— M.T.
Family Law Client
"Thank you for your very friendly and professional help in getting all of our affairs sorted in such a short time. We are very glad we came to Southern Waters Legal, and we're really appreciative of the professional manner and advice with which we received."
— Wayne & Margaret
Estate Planning Clients
"The team at Southern Waters Legal made what could have been a very stressful process feel straightforward. They were always available to answer our questions and kept us informed every step of the way."
— D.F.
Conveyancing Client
"I was given clear, practical advice without any unnecessary complexity. I felt genuinely looked after throughout my matter and would recommend Southern Waters Legal without hesitation."
— M.T.
Family Law Client
"Thank you for your very friendly and professional help in getting all of our affairs sorted in such a short time. We are very glad we came to Southern Waters Legal, and we're really appreciative of the professional manner and advice with which we received."
— Wayne & Margaret
Estate Planning Clients