Who Are We?
This Website is run in collaboration with a team of Barristers with a special interest in Family Provision Law. The site content is continuously updated and is designed to provide you with the information to determine whether you can contest a will under the family provision legislation.
How Can We Help?
If you think that you may have a family provision claim, we can help. Our team can put you in contact with one of our contributing barristers, who can provide you with advice on your case prospects and represent you in legal proceedings.
A prenup, or a Binding Financial Agreement (BFA) as they are known in Australia, will usually include a clause providing that either or both parties give up their right to make a family provision claim. But do these clauses actually prevent your partner, or former partner, from claiming family provision?
A testator may leave their estate to whomever they wish, including to any charitable organisations. However, where an estate is left to a charity instead of family members, it is often contested under the family provision regime.
To establish a Close Personal Relationship to make a family provision claim, applicants must show both that either or both parties were providing the other with domestic support and personal care and that they were living together. Begging the question, what constitutes 'living together' for the purposes of family provision.