Family provision claims
Family provision application: Your rights, our fight
When a loved one passes away, the emotional turmoil can be overwhelming. At GMP Law, we understand that dealing with legal matters during this difficult time can add to your stress. If you believe you’ve been unfairly excluded from a will or received inadequate provision, we’re here to help.
Our experienced team specialises in contesting wills, including family provision applications and claims, and will ensure your rights are protected and your voice is heard.
Why Choose Gerard Malouf & Partners
Understanding family provision claims
A family provision claim is a legal process that allows eligible individuals to contest a will if they believe they haven’t been adequately provided for in the deceased’s estate. This area of law recognises that sometimes testators (those who make wills) may not have made fair or adequate provisions for their family members or dependents.
The process involves:
- Determining eligibility to make a claim
- Assessing the adequacy of the provision in the will
- Considering various factors that may influence the claim
- Filing an application with the court
- Negotiation or mediation with other parties
- If necessary, proceeding to a court hearing.
At GMP Law, we guide you through each step, ensuring you understand your rights and the potential outcomes of your claim.
We're here to help.
Eligibility to dispute a will
To be eligible for a family provision claim, you generally need to fall into one of the following categories:
- Spouse or de facto partner of the deceased
- Child of the deceased (including adopted or step-children)
- Former spouse or de facto partner of the deceased
- A grandchild who was dependent on the deceased
- Member of the deceased’s household who was dependent on them.
Examples of eligible claimants:
- A widowed spouse is left with insufficient funds to maintain their standard of living
- An adult child excluded from the will due to family estrangement
- A step-child who was financially dependent on the deceased
- A grandchild who lived with and was cared for by the deceased.
Each case is unique. At GMP Law, our team of will dispute lawyers will assess your circumstances to determine the strength of your claim and then advise you on your best course of action. Our free initial consultation means you have nothing to lose by exploring your options.
Factors affecting family provision
When considering a family provision claim, the court takes into account various factors, including:
- The financial position of the claimant
- The size and nature of the deceased’s estate
- The relationship between the claimant and the deceased
- The age and health of the claimant
- Any promises made by the deceased to the claimant
- The deceased’s moral obligations to the claimant
- Contributions made by the claimant to the deceased’s welfare or estate
- The needs and financial resources of other beneficiaries.
At GMP Law, we analyse these factors to build a strong case for your claim. We’ll work tirelessly to ensure you receive the maximum compensation you’re entitled to under the law.
No Win No Fee
Fee transparency that you can trust
At GMP Law, we’re committed to ensuring you have nothing to lose.
If we don’t win your case, you won’t pay a cent for our services. This means you can focus on healing without worrying about legal costs.
How it works
No upfront costs
No contingency fee
We’ll only charge you if we win.
We maintain integrity by carefully evaluating each case. If we believe it’s unlikely to result in compensation or if the costs outweigh the benefits, we won’t take it on.
This commitment to our client’s best interests, as well as fee transparency, sets us apart from other law firms.
With a 98% success rate and over $4 billion in settlements, we’re dedicated to delivering exceptional results for our clients.
Frequently asked questions about family provision claims
How long do I have to make a family provision claim?
In most Australian states, you have 12 months from the date of death to file a claim. However, this can vary, so it’s important to seek legal advice promptly.
Can I make a claim if I’m not mentioned in the will at all?
Yes, eligible persons can make a claim even if they’re not mentioned in the will. What matters is your relationship with the deceased and your financial circumstances.
GMP Law offers free initial consultations to help individuals determine if they have a viable case. Our experienced lawyers can guide you through the complex process of evaluating your situation.
Will my family provision claim go to court?
Many claims are settled through negotiation or mediation without going to court. At GMP Law, we strive to reach a fair settlement efficiently, but we’re prepared to litigate if necessary to protect your interests.
Justice for family provision applicants
At GMP Law, we’ve successfully represented clients from various walks of life, securing substantial compensation for family provision applicants.
Son of deceased granted family provision order of $75,000
Background
An 83-year-old woman passed away, leaving most of her estate to her oldest son. Her youngest son and his wife were excluded from the will, except for small gifts to their children.
The challenge
The youngest son, despite being estranged from his parents, made a claim for a family provision order under the Succession Act 2006.
GMP Law’s approach
- Established the client’s eligibility to make a claim
- Gathered evidence of the client’s financial needs and health issues
- Presented a compelling case for the client’s moral claim on the estate
- Negotiated with the estate’s representatives.
Outcome
The court granted an order for provision from the estate to the client of $75,000, providing financial relief and acknowledging his place in the family despite the estrangement.
Family provision claim of over $600,000 from the estate of adult children’s deceased mother’s de-facto partner
Background
Mr K and Mrs P’s mother had a long-term de-facto relationship with the deceased, who played a father-like role in their lives. When he died, he left his estate to charity.
The challenge
The clients were not biological children of the deceased, making their eligibility for a claim questionable.
GMP Law’s approach
Established that the clients had lived with and were dependent on the deceased at some point
Gathered evidence of the deceased’s father-like role and financial support
Commenced proceedings for family provision claims
Presented compelling evidence to the estate executors.
Outcome
We successfully resolved the client’s claims, resulting in a joint payment of over $600,000 from the estate, acknowledging the deceased’s moral obligation to the clients.
Our will dispute services
Real cases, real results
The compensation claim process: Your journey with GMP Law
Initial consultation
Evidence gathering
Claim submission
Negotiation
Court representation
Ongoing support
Our promise to you
Why trust GMP Law with your contested wills claim?
At GMP Law, we handle your claim so you can concentrate on what matters most: your recovery.
We commit to
Clear, straightforward communication
Regular updates on your case as it progresses
A personal injury lawyer who understands your unique situation
Vigorous negotiation to maximise your compensation
Empathetic support throughout your journey
Specialised knowledge
Our accredited personal injury lawyers have years of experience in accident injury claims, giving us deep insight into the nuances of these claims.
Proven track record
Difficult case policy
Australia-wide assistance
With lawyers across the country, we’re here to help, wherever you are.
Meet the Contested Wills team
Meet some of the diverse and dynamic will dispute lawyers who support our clients with their will contests, inheritance disputes, and family provision claims.
We're here to help maximise your compensation
Book your free, confidential consultation with one of our will dispute lawyers using the form below, or simply call us 1800 004 878.
