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MGE Lawyers

Wills & Estates

Family Provision Claims

Claims by eligible people who believe they have not been adequately provided for.

What's happening?

What could it mean for me?

  • Not every disappointed beneficiary or family member will meet the eligibility criteria to bring a claim
  • The Court considers a range of factors when assessing a claim, including the size of the estate and the applicant's needs and relationship with the deceased
  • Claims generally need to be brought within a limited period after death, so prompt advice matters
  • Bringing a claim can affect the estate's administration and relationships with other beneficiaries

What are my options?

  • Obtain advice on whether you meet the eligibility criteria to bring a claim
  • Gather evidence of your relationship with, and any dependency on, the deceased
  • Consider whether the matter can be resolved through negotiation or mediation
  • Proceed with a Supreme Court application if a resolution cannot be reached

What happens next?

  • We assess your eligibility and the merits of a potential claim
  • We gather relevant evidence supporting your relationship and financial position
  • We attempt to negotiate a resolution with the estate where appropriate
  • We prepare and file Supreme Court proceedings if required

How can MGE Lawyers help?

Common questions

Family Provision Claims — frequently asked questions

Speak with a lawyer about your matter

Every matter is different. Tell us briefly what has happened and we will explain your options in plain English.

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