Family Provision claim – Australia

Are you thinking of challenging a Will? If so, you need to fully understand the legal basis of your challenge and your legal options. The family lawyers at Clive Mills & Associates can assist you with your challenge and provide legal guidance and representation to help you with your claim. We are experienced practitioners in all aspects and Wills and Estate law.

If a provision has not been made for you in the Will of the deceased person, you may have a claim in the Supreme Court of New South Wales for Family Provision. This is particularly true if the deceased had a moral or legal obligation to make provision for you in their Will.

The following are some of the classes of people to whom a moral and legal obligation of a testator can arise:

  • A husband or wife, or a de facto partner;
  • A child;
  • A former spouse;

In New South Wales, the estate of a deceased person can include notional estate, which can include the following:

  • Superannuation entitlements of the deceased (which may not pass under the deceased’s Will);
  • An interest in real estate that passed to another joint tenant immediately upon the death of the deceased (rather than pursuant to the provisions of the Will)

The solicitors at Clive Mills & Associates can advise you on all Family Provision Claim matters relating to Wills and Deceased Estates.

Talk to Our Wills and Estate Lawyers in Chatswood

To find out more about your legal options for challenging a will, call us on (02) 9906 8188 or contact us online at cjm@cmalegal.com.au.  Our wills and estate lawyers will be able to provide guidance and explore all your legal options. We can also assist you with legal representation and the preparation of a formal challenge. 

“Clive Mills Pty Ltd t/as Clive Mills & Associates – Liability limited by a scheme approved under Professional Standards Legislation ABN No. 61 118 894 787”

Call us on (02) 9199 0737 or send an email to cjm@cmalegal.com.au for assistance. 

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