General Law Family Provisions Act

Family Provisions Act

All Australian States have a statutory provision whereby a disappointed person may challenge the terms of the Will of a deceased person. In New South Wales this is the Family Provisions Act.

There is a statutory list of persons who have a right to apply under this legislation. The application is made in the Equity Division of the Supreme Court of New South Wales and the applicant must provide full details to support his/her claim.

It is the duty of the executor to defend the terms of the Will, having consideration to the validity or otherwise of the applicant’s claim and the cost to the estate of defending an application which could possibly be settled by negotiation. The Court has provision for applications of this nature to go to mediation. Mediation sessions are very often successful.

If you are considering making an application under this legislation you should seek legal advice as to your entitlements, your chances of success and the possible cost. If you are an executor and you are aware that such an application is being made, you need legal advice as to the manner in which the application should be defended.