The Family Provision Act: Get What You’re Entitled to

Deciding to contest the will of a family member may be difficult, but sometimes it’s necessary to make those tough decisions in order to receive what you deserve. Your first step in the process should be to learn as much as you can about the law and the procedures so that you can provide the necessary information to your legal professional.


Start by visiting the website of one of the experts in this sector of the legal landscape. Take some time to read the information presented and be sure to visit the frequently asked questions page. A few minutes on this page can make the subject easier to understand. In combination with help from a knowledgeable attorney, you may find the process is not as complex as you first thought.

Key Law

The primary governing law is the Family Provision Act in NSW. In general terms, this act states that there is a moral obligation to provide for individuals who were dependent on another person who is now deceased. You can make a claim under the Family Provision Act if you believe you haven’t been provided for properly.

As mentioned, it may be difficult to think about this subject when a family member or loved one has died. But you shouldn’t hesitate too long because the act gives a 12-month period from the date of death in which to file the claim. It’s also essential to enlist the help of a legal professional who knows the process well and has helped others make the correct decisions at the right time.

For most people, emotional issues and stress make decisions even more difficult. Having an experienced lawyer to assist with documents and legal filing may make the difference between a successful claim and an unsuccessful claim. These are experts in the area of will disputes who have worked through circumstances very similar to yours.

Start Here

When you feel you have been treated unfairly in the will of a family member or loved one, get in touch with a legal professional right away. He or she will sit with you and discuss the details of your situation and the first consultation is always free. From that point, you won’t have to worry about your ability to pay because legal services are provided on a no-win, no-fee basis.

The act limits eligible individuals to spouses, children, life partners, and a few other categories. But you should keep in mind that you don’t have to be a relative to make a claim. The right to contest is not automatic, but there is provision for individuals who were financially dependent on the deceased or lived as a member of his or her household.

If you find you’re confused by this area of the law and aren’t sure how to start, you only have to make one difficult decision to begin the process. Decide to contact a lawyer who is an expert in contesting wills and you have taken a giant step. You may be surprised at what you’re entitled to.

Posted in Law