1 - The Succession Act 2006
Section 60 of the Succession Act 2006 (NSW) sets out what the Court will consider before making orders in a Family Provision claim that your lawyer might bring on your behalf if you've met the criteria to lodge a claim. (See Article #1 of this series)
2 - Issues the Court will consider about the deceased
- The nature and extent of any obligations or responsibilities owed by the deceased to the applicant;
- The nature and extent of the deceased's estate;
3 - Issues the Court will consider about the applicant
- Applicant's financial resources and needs
- The financial circumstances of any person the applicant is living with
- Any physical, intellectual or mental disability of the applicant
- Their age
- Any contribution by the applicant to the deceased's estate or welfare for which they were not appropriately compensated
- Any provision made for the applicant by the deceased
- Any evidence of testamentary intentions (i.e. in a will or statement) of the deceased
- Whether the applicant was being wholly or partly maintained by the deceased
- Liability of any other person to support the applicant
- The character and conduct of the applicant
4 - Other Issues the Court will consider
- The conduct of any other person
- Any relevant Aboriginal or Torres Strait Islander customary law; and
- Any other matter the Court considers relevant.
5 - What If I think I have a claim about a Will?
It is important for you to act fast if you think you have been left out of a Will or treated unfairly as a claim needs to be lodged within 12 months of a person dying. Carroll & O'Dea has a team of Wills and Estates experts who will be able to help you with any questions you may have in relation to making a family provision claim.
Where can I read more about challenging a Will?
Right here. Our first article in this series looks at the Top 5 things to know about Wills & Families
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.