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

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.

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.

The Process of Making a Family Provision Claim

Initial Consultation

We’ll review your case, assess your eligibility, and provide advice on the strength of your claim.

Lodging the Application

Claims must be filed with the NSW Supreme Court within 12 months of the deceased’s date of death.

Negotiation and Mediation

Most claims are resolved through negotiation or mediation to save time and costs.

Court Proceedings

If mediation is unsuccessful, we’ll represent you in court to ensure your claim is heard and your rights are protected.

FAQs About Family Provision Claims in Wollongong

How long do I have to make a family provision claim in NSW?

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

What factors does the court consider?

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

Can I make a claim if I’m already included in the will?

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.

Download Probate Guide

Stephanie Paduch

From the initial consultation to the final signing of our Wills and related documents, the service provided by Markus was professional, organised and accommodating. Markus is very knowledgeable, supportive and has excellent communication skills. He explained every detail thoroughly and answered questions clearly.

I would highly recommend Markus Christmann.

Karin Boeckle

Markus assisted us with updating/re-writing our German and Australian wills to reflect our wishes. It was a smooth process and we really appreciated his professional and efficient approach. He is very pleasant to deal with. We will certainly return if any legal matters arise. A big thank you to Markus. We can’t recommend him highly enough. Karin and Tim

Lynelle Wilde

Markus helped me enormously, guiding me through what was a highly emotional case for me. He was incredibly understanding and patient.
Whilst being very professional, he is also very personable.
I’m so grateful he took me on when others wouldn’t. I highly recommend.