In certain cases where an applicant has pressing financial needs, an interim family provision order may be made, meaning that the applicant may receive an interim distribution from the estat
Out of Time Applications: Do I Have Sufficient Cause?
A Family Provision Application must be made within 12 months of the deceased’s death. The court will only allow an application to be made out of time if there is sufficient cause. The question then arises: what factors are needed to prove sufficient cause?
Establishing Financial Need in Family Provision: Full & Frank Disclosure
To demonstrate financial need and enable to court to determine the provision which the applicant should have received, the applicant must provide full and frank disclosure of their financial affairs.
Mediation in Family Provision
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.
The Two-Stage Approach to Family Provision Claims
Singer v Berghouse establishes the two-stage approach which the court should take in assessing a family provision claim. However, Singer v Berghouse was decided with regard to the Family Provisions Act 1982 (NSW) and its applicability to the current NSW Legislation, the Succession Act, has been questioned.