Family Provision

Under the Succession Act 2006, a deceased person's will can be contested by a limited number of "eligible persons" - including the deceased's children, current or former spouse, current de facto partner, and sometimes even former de facto partners. A family provision claim involves one of the eligible persons making a claim to the Supreme Court that the deceased's will has failed to make proper provision for them.

Family provision claims can result in a substantial change in the will, with significant amounts of the estate awarded to people who would otherwise have received little or nothing from the will.

Somerville Legal's wills & estates team have significant experience both in bringing proceedings for people who have been left out of a will, and in acting for executors in defending the will from the family provision claims of others. The team is headed up by Stephen Lynch, a director of Somerville Legal and an accredited specialist in Wills & Estates law. Stephen's expertise in the area ensures that a client involved in a dispute regarding further provision from a deceased estate can be confident of obtaining the best possible result.

For more information, please contact Stephen Lynch.


If your query relates to a contested estate other than under Family Provision legislation, click here.

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