Expert Legal Advice for Family Provision Claims in Wollongong

If you’ve been unfairly left out of a will or believe you’ve received inadequate provision, you may be eligible to make a family provision claim. At Asquith Legal, our experienced family provision claims lawyers in Wollongong help clients navigate the legal process to secure their rightful share of an estate. We provide compassionate, strategic advice to protect your interests and achieve the best possible outcome.

What Are Family Provision Claims?

Under the Succession Act 2006 (NSW), eligible individuals can make a family provision claim if they feel they have not been adequately provided for in a will. These claims allow the NSW Supreme Court to redistribute the deceased’s estate to ensure fair provision for dependents and family members.

What Are Family Provision Claims?

Eligible individuals include:
  • Spouses or De Facto Partners: Married or long-term partners of the deceased.
  • Children: Including adult, adopted, or stepchildren.
  • Dependents: Individuals financially dependent on the deceased, such as grandchildren or other relatives.
  • Former Spouses: In certain circumstances.
If you’re unsure about your eligibility, our family provision claims lawyers in Wollongong can assess your case and provide clear guidance.

Grounds for Making a Family Provision Claim

To succeed in a family provision claim, you must demonstrate:

  • Eligibility: That you fall within the categories allowed under NSW law.
  • Inadequate Provision: That the deceased’s will or the intestacy laws did not provide adequate support for your needs.
  • Financial Need: That you require additional provision due to financial hardship or personal circumstances.

How We Can Help With Family Provision Claims

At Asquith Legal, we provide end-to-end support for family provision claims, including:

  • Assessing Your Eligibility: Determining whether you qualify to make a claim under NSW law.
  • Building a Strong Case: Gathering evidence, such as financial records, relationship history, and supporting documents.
  • Negotiation and Mediation: Attempting to resolve disputes amicably without the need for court.
  • Representation in Court: Providing skilled advocacy if your case proceeds to the NSW Supreme Court.

Contact our family provision claims lawyers in Wollongong today to discuss your situation.

The Process of Making a Family Provision Claim

  1. Initial Consultation:
    We’ll review your case, assess your eligibility, and provide advice on the strength of your claim.
  2. Lodging the Application:
    Claims must be filed with the NSW Supreme Court within 12 months of the deceased’s date of death.
  3. Negotiation and Mediation:
    Most claims are resolved through negotiation or mediation to save time and costs.
  4. Court Proceedings:
    If mediation is unsuccessful, we’ll represent you in court to ensure your claim is heard and your rights are protected.

Will Lawyers Wollongong FAQs

A: You must file your claim within 12 months of the deceased’s date of death, although extensions may be granted in exceptional cases.

A: The court considers factors such as your financial situation, relationship with the deceased, and the size of the estate.

A: Yes. Even if you’ve received something in the will, you can make a claim if you believe the provision is inadequate.

Why Choose Asquith Legal for Family Provision Claims?

Here’s why families in Wollongong trust us for family provision claims:

  • NSW Expertise: We specialise in succession law and have extensive experience with family provision claims in Wollongong.
  • Strong Advocacy: We fight for your rights, whether through mediation or court proceedings.
  • Compassionate Guidance: We understand the emotional challenges of will disputes and provide sensitive, practical advice.
  • Transparent Pricing: Our team offers clear pricing and flexible fee arrangements.

Protect Your Rights With Expert Legal Support

If you believe you’ve been unfairly treated in a will or under intestacy laws, Asquith Legal is here to help. Our family provision claims lawyers in Wollongong provide compassionate, expert guidance to help you secure your rightful share of the estate.

Contact us today to book a consultation or learn more about family provision claims in Wollongong.

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