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Contesting your inheritance? Submit a Family Provision Act Claim.

Receive your fair share of an inheritance.

Take the stress out of filing a claim.

Get the BEST result for you.

Book your FREE, no obligation
15-minute consultation.

Why choose Orman Solicitors in contesting an inheritance?

How we work with you

The process of contesting an inheritance by filing a Family Provision Act Claim in New South Wales involves several key steps. Here’s an overview:

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★ ★ ★ ★ ★ | 5.0 Star Family Law Services in Sydney and Wagga Wagga

★ ★ ★ ★ ★

Maggie and her team helped me through my family law matter. Maggie was professional and positive. Her advice was always sensible, reasonable and realistic.
Eileen and Chris were thorough and meticulous in their hard work which was crucial to my evidence based case. The Counsel Maggie chose to work with were terrific. With Maggie, I felt I was always progressing towards the finish line.
She drove the matter forward with strength and positivity, achieving an excellent outcome. I highly recommend Orman Solicitors.

Mary

★ ★ ★ ★ ★

My experience with Orman solicitors has been truly amazing with there professional team of experts. I could not be happier with the outcome off my family law settlement and would highly recommend Orman solicitors for all your legal matters.

Angela Williams

★ ★ ★ ★ ★

Great, knowledgeable and supportive staff, they were efficient in getting me a great result. The communication was clear and consistent, when I had queries, they were addressed promptly. Could not recommend more.

Lindsay Wilson

★ ★ ★ ★ ★

I’d like to share, my upmost Respect to Ormans Solicitors team members, they had my back, got me through the most difficult times, I was so overwhelmed worrying about everything, would all sort out. I would recommend them out there, they certainly give you the support, comforting, that its all going to be ok. Maggie, and the team are just Amazing. I’d like to Thank, each and every one of them for helping through, with there dedication and outcome certainly was of comfort, Good ending. I was so Happy, I chosen Ormans Solicitors. You are All a Great Team. I will Always be Grateful. Thank you to All of You.

Rose Valenzisi

★ ★ ★ ★ ★

“I cannot thank Maggie and her team enough for the flawless way they handled my matter. I felt that Maggie was always completely invested in my matter and everything from the beautiful office to the team’s amazing service made me feel like family. Their commitment to my matter never ceased to amaze me. I would not hesitate to recommend Orman Solicitors.”

Lisa

★ ★ ★ ★ ★

When I first approached Maggie I was financially destitute and frightened, my settlement was not going well, I had been dropped by another solicitor because they felt that my case was to difficult and time consuming. Maggie helped me to feel at ease she assured me that I everything would be okay and then she and her staff went to work. She helped me to stay strong when I was ready to give up and just take anything to make the whole mess go away and fought for me to get an amount that was acceptable. I highly recommend Maggie and her team they truly do go above and beyond the call to ensure that their clients get the absolute best result possible.

Shimmer Pender

★ ★ ★ ★ ★

Maggie has been my solicitor for a number of years – in all that time, I have found her to be professional, hardworking, honest and respectful. She has shown compassion, empathy and helped my family through the toughest times when we needed it most. I have recommended her to friends and relatives, who have also then gone on to recommend her and her firm.

Helen Gordan

★ ★ ★ ★ ★

Empathy, dedication and passion are three words I would use to describe Maggie Orman and her team. Maggie has been my family lawyer for over 10 years and has guided me through many difficult periods of my life, and ensured I came out the other end a stronger woman and mother. Maggie is rational, compassionate and highly ethical. I felt that she truly cared about me, my family and our wellbeing. Maggie’s skilful advice and counsel achieved an incredibly quick resolution, and kept costs to a minimum. I will continue to use Maggie Orman Solicitors for all my family law requirements and highly recommend her to anyone requiring a family lawyer.

Joan Rached

★ ★ ★ ★ ★

The Barnett family are very thankful to Maggie and the whole team for doing all the groundwork to get our case a great result. We are very happy with their help and wish to give them credit for their hard work to get our matter up and going.

The Barnett Family

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Meet the Solicitors

Maggie Orman
Principal

Renata Matyear
Senior Solicitor

Eileen Newcombe
Senior Solicitor

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Contesting an Inheritance via the Family Provisions Application – FAQ

Who is eligible to make an FPA claim?
  • The wife or husband of the deceased
  • A person who was living in a de facto relationship with the deceased (including same sex couples)
  • A child of the deceased (including an adopted child)
  • A former wife or husband of the deceased
  • A person who was, at any particular time dependant (entirely or partly) on the deceased, and who is a grandchild of the deceased or was at that particular time a member of the same household as the deceased
  • A person with whom the deceased was living in a close personal relationship at the time of the deceased person’s death

If you are an eligible person according to this criteria, and you believe you are entitled to make a claim on the deceased estate, contact us urgently to discuss your situation further as it is important you receive legal advice. Your application must be made to court within 12 months from the date of the deceased’s death.

If you are unsure if you are an eligible person, please contact us to discuss your situation further and we can assist you to make an FPA.

Our experienced team has the expertise and experience necessary to ensure you receive the best possible outcome.

Who Can File a Family Provision Act Claim?

Any eligible person can file for family provision in New South Wales, providing it’s within the 12-month eligibility period. However, extenuating circumstances may allow for an extension of this period, and at Orman Solicitors, we recommend that you seek legal advice before lodging a claim.

You should note that you can’t just file family provision if you are unhappy with the will. You have to prove that what you received (if you received anything at all) is not enough to cover your needs and that you should further benefit from the estate. To determine if you’re eligible to lodge a provision act claim, get in contact with our highly experienced team.

How to file a Family Provision Act Claim

If you wish to make a claim in New South Wales, you must submit your application to the Supreme Court. Your claim, which will incur a filing fee, should consist of a summons together with an affidavit. These documents should include:

  • What orders you are seeking
  • The applicant’s eligibility
  • Sufficient information pertaining to the orders sought

Additionally, the applicant is required to file a Notice of Eligible Persons. This will identify other potential individuals who may be eligible to make a claim on the estate. Included in this should be another affidavit outlining an estimate of disbursements (third party charges) and costs.

Your application will need to have all of your evidence from relevant witnesses from both parties, and after submitting your claim, the matter will then be listed for mandatory mediation. If mediation is unsuccessful, the Courts will list your case for a hearing which can occur anywhere between one to two years after the date the application was lodged.

What is a Family Provision Act Claim?

A family provision claim can be made by an individual who feels they’ve been unfairly provided for or left out of a deceased person’s will. In New South Wales, individuals apply to the Supreme Court, and the challenger must submit their claim within 12 months of the will-makers passing. It is worth noting that a family provision claim can be made any time during the 12 months, and waiting for a grant of probate is not necessary. You can make a family provision act claim if:

 

  • You are an eligible person, and
  • You have been left out of a will, or
  • Did not receive what you deem a fair share.
What factors does the Court consider when reviewing a Family Provision Act Claim?

To put it simply, the Court can take into account any matter it deems relevant. With that in mind, however, there are fifteen individual matters of Section 60 of the Succession Act (2006) the Court will consider when determining a ruling on a family provision claim. They are:

  • The applicant’s age
  • The applicant’s character
  • The relationship shared between the applicant and the deceased
  • Whether the deceased had an obligation or responsibility to the applicant
  • The financial circumstance (and future financial needs) or the applicant
  • The value and/or location of the will-maker’s estate
  • If the applicant is supported financially by another person
  • Whether the applicant has any physical, mental, or intellectual disabilities
  • Whether the applicant made any contributions to increase the value of the estate
  • The will-maker has already provided for the applicant in life or from the estate
  • Has the deceased person provided assistance, maintenance, and/or support to the applicant?
  • Whether any other person has a responsibility to support the applicant?
  • Any customary law that may be applicable if the deceased was Aboriginal or Torres Strait Islander
  • Any other claims on the estate
  • Any or all other matter the Court considers relevant

However, no two cases are the same, so it’s important to seek legal advice before lodging a claim. For more information or to discuss family provision act claims further, contact Orman Solicitors. We are here to help.