FAMILY PROVISION CLAIMS LAWYER
Speak To An Experienced Family Provision Claims Lawyer In Sydney
Ensuring Fair Provision for Eligible Family Members
The law in New South Wales recognises a moral responsibility to provide for close family members, even after death. If someone has been left out of a will or received less than they need to be properly supported, they may have the right to challenge the estate through a Family Provision Claim.
At Green & Associates, we help clients both bring and defend family provision claims under the Succession Act 2006 (NSW). Whether you’re an eligible person seeking a fair share, or an executor defending the estate, our team provides strategic, compassionate, and results-driven legal representation.
How Our Family Provision Claims Lawyers Can Help
We act for both claimants and executors, including in complex, high-value, or urgent cases.
Our services include:
- Assessing eligibility and likelihood of success
- Preparing and lodging claims with the Supreme Court
- Negotiating out-of-court settlements or mediation
- Representing clients at hearings and trials
- Advising executors on how to respond to claims
We have successfully:
- Converted a weak claim into a proprietary estoppel case and defeated multiple beneficiaries
- Recovered misappropriated estate funds from a fraudulent executor using estate proceeds for private gain
- Acted in cases involving real property, international assets, and unusual estates (e.g., opal mines)
Green & Associates Family Provision Claims Lawyers
What Is a Family Provision Claim?
A Family Provision Claim is a legal application made to the NSW Supreme Court by someone who believes they were unfairly left out of a will, or not adequately provided for. If successful, the court can order a redistribution of the estate.
These claims are governed by Section 57 of the Succession Act, which sets out who qualifies as an “eligible person.”
Who Can Make a Claim?
You may be eligible to make a claim if you are:
- A spouse or former spouse of the deceased
- A de facto partner
- A child, stepchild, or grandchild of the deceased
- A person who was dependent on the deceased
- A person who lived with the deceased and had a close personal relationship
Claims must be filed within 12 months of the date of death, although extensions may be granted in limited circumstances.
How the Court Decides
If the court finds a person is eligible, it then considers whether they have been left with adequate provision for their:
- Maintenance
- Education
- Advancement in life
Factors the court considers include:
- The size and nature of the estate
- The applicant’s financial needs and health
- The relationship with the deceased
- Any competing claims from other beneficiaries
Meet Our Team
FAQs: FAMILY PROVISION CLAIMS
What is the time limit to make a claim?
You must file your claim within 12 months of the date of death. Late claims may be permitted, but only in exceptional circumstances.
Does making a claim mean I’m challenging the will?
No. A Family Provision Claim does not question the validity of the will. It asks the court to award you a fair share of the estate.
What happens if the estate has already been distributed?
The court may still make a provision order and require beneficiaries to return part of their inheritance.
What are the fees and charges?
Fees vary depending on the complexity of your matter, whether you’re drafting a straightforward will, contesting a family provision claim, or managing probate for a large estate. We offer fixed fees for many estate planning services and transparent quotes for all others before any work begins.
How many years have you been practicing wills and estates law?
While our team has broad experience in the law, Green & Associates has spent over a decade building a reputation in wills, estates, and litigation.Â
Where is Green & Associates Solicitors located?
We’re based in Kings Cross, Sydney, just minutes from the CBD. We also work with clients remotely across NSW and internationally, especially in complex estate matters involving cross-border assets or overseas beneficiaries.
What type of wills and estates matters can you help me with?
We advise on all aspects of wills and estates law, including will drafting, testamentary trusts, probate, letters of administration, family provision claims, contested estates, Powers of Attorney, Enduring Guardianship, and superannuation disputes.
What happens after the initial consultation?
We will confirm our advice in writing, provide a fee proposal, and set out a clear plan of action. If you choose to proceed, we begin work immediately and keep you informed at every stage of the process.
Will I need to go to court?
Not always. Many matters, including disputes, can be resolved through negotiation or mediation. However, if a dispute cannot be settled, we are fully prepared to represent you in court and guide you through the entire process.
Dominic Green
Principal Solicitor
Specialising in: Litigation & Disputes, Criminal Law, Commercial Law, Property Law and Wills & Estates
Laura Shea
Executive Assistant to the Principal Solicitor
Danielle Hole
Office Manager
Christopher D'Netto
Associate
Specialising in: Commerical Law, Corporations, Dispute Resolution, Litigation, Contracting and Regulatory Affairs
Lauren Cullen
Associate
Specialising in: Criminal Law
Zachary West
Associate
Specialising in: Wills & Estates, Probate and Contracts
Joining August 2025
Lori Kadish
Associate
Specialising in: Property Law, Commercial Law and Wills & Estates
Myriam Lahcini
Associate
Specialising in: Property Law and Conveyancing
Nick Sayegh
ParalegalÂ
Riva Thapa
ParalegalÂ
Ken Ozdemir
Marketing Manager
Ivy Green
Debt Collection & Security
Since joining the firm in 2021, Ivy has become an integral part of the team. She is responsible for debt collection, office security and the mental wellness of both staff and clients.