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.
It is not uncommon for a person to own real and personal property not just in the state they live in, but also in other states or even other countries. Where a deceased’s persons’ assets are spread across state borders, questions arise as to the appropriate jurisdiction to commence a family provision claim.
When preparing a will, a lawyer owes a duty of care to the testator to advise them on the possibility of a family provision claim. However, as Badenach v Calvert demonstrates, this duty does not impose any obligation upon the lawyer to advise the testator of the steps which can be taken to mitigate the possibility of a family provision claim.
In NSW, under the Succession Act and pursuant to Practice Note SC Eq 7 – Family Provision, unless the court orders otherwise, all family provision claims must go through mediation before the matter can proceed to a final hearing.