Family Provision Claims

Family Provision Claims

What is a family provision claim?

A family provision claim will enable you to obtain a share or a larger share from the estate of a deceased person.

You can make a family provision claim if you:

  • are an ‘eligible person’, and
  • have been left out of a will, or
  • did not receive what you thought you were entitled to receive.

An ‘eligible person’ includes:

  • 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, wholly (entirely) or partly dependent 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

How we can assist?

At Ton Legal, we have a comprehensive understanding of time limits, court processes and factors that the Court will take into account when considering your family provision claim. We can prepare all the relevant summons and affidavits on your behalf. If you believe that you have been unfairly left out or treated in a Will, or if you believe that the deceased person did not have the mental capacity to make a Will, please contact us immediately.