Family Provision Claims
Contesting a Will or Estate
If you have been left out of a will or received less than you deserve, Atila Lawyers can advise you on your rights and pursue a fair outcome on your behalf.
What Is a Family Provision Claim?
A family provision claim (also known as a Testator's Family Maintenance claim) is a legal application made to the court seeking a greater share of a deceased person's estate than was provided for in their will — or when no provision was made at all.
Under the Succession Act 2006 (NSW) and equivalent legislation in other states, eligible persons can apply to the court for provision or additional provision from an estate if they can demonstrate that adequate provision was not made for their proper maintenance, education, or advancement in life.
These claims are time-sensitive. In New South Wales, an application must generally be filed within 12 months of the date of death. Early legal advice is essential.
How We Can Help
Our Family Provision Services
Contesting a Will
Pursuing your entitlement when a will fails to make adequate provision for you.
If you are an eligible person and believe the will does not make adequate provision for your proper maintenance, education, or advancement in life, you may have grounds to contest it through a family provision claim.
We assess the strength of your claim, advise on the likely range of outcomes, and pursue the best possible result — whether through negotiation, mediation, or court proceedings.
- Eligibility assessment and advice
- Claim preparation and court filing
- Negotiation and mediation
- Contested hearing representation
Eligible Persons
Understanding who can make a family provision claim under Australian law.
Not everyone can make a family provision claim — the law limits applications to certain categories of eligible persons. In New South Wales, these include spouses and de facto partners, children (including adult children), former spouses in some circumstances, and certain other dependants.
We carefully assess your eligibility before advising you to proceed, ensuring you have a sound basis for your claim and a clear understanding of the costs and risks involved.
- Spouses and de facto partners
- Children and stepchildren
- Former spouses and partners
- Dependants and household members
Defending an Estate
Protecting the estate and the testator's wishes against unfounded claims.
Executors and beneficiaries have the right to defend an estate against family provision claims. We act for executors and beneficiaries to protect the integrity of the estate and uphold the testator's intentions where the claim is without merit or disproportionate.
We provide strategic advice on the strength of the defence, manage negotiations, and represent the estate in court proceedings if required.
- Executor and beneficiary representation
- Defence strategy and advice
- Negotiation and settlement
- Court representation
Estate Administration Disputes
Resolving disputes over how an estate is being administered.
Disputes can arise not only over the terms of a will but also over how an estate is being administered. Beneficiaries may have concerns about an executor's conduct, delays in distribution, or the management of estate assets.
We advise beneficiaries and executors on their rights and obligations, and take action where an executor has breached their duties or is failing to administer the estate properly.
- Executor removal applications
- Passing of accounts
- Beneficiary rights and entitlements
- Delay and misconduct disputes
Challenging Will Validity
Questioning whether a will is legally valid and enforceable.
Separate from a family provision claim, a will may be challenged on the grounds that it is not legally valid. Grounds include lack of testamentary capacity, undue influence, fraud, or failure to comply with formal execution requirements.
We advise on the prospects of a validity challenge, gather the necessary evidence, and pursue the matter through the Supreme Court where appropriate.
- Lack of testamentary capacity
- Undue influence and coercion
- Fraud and forgery
- Formal execution defects
Time Limits & Urgent Applications
Acting quickly to protect your rights before strict deadlines expire.
Family provision claims in New South Wales must generally be filed within 12 months of the date of death. Missing this deadline can permanently extinguish your right to claim, though the court has a limited discretion to extend time in exceptional circumstances.
If you are approaching the deadline or have already missed it, contact us immediately. We can advise on whether an extension is available and take urgent steps to protect your position.
- 12-month filing deadline advice
- Extension of time applications
- Urgent injunctions to preserve assets
- Caveats on estate property
Get Advice on Your Claim Today
Family provision claims are time-sensitive. Contact us for a confidential consultation and clear advice on your rights and prospects.