Where You Die Can Affect Asset Distribution15th December 2023
The jurisdiction in which a person is domiciled when they die can have huge implications upon the distribution of their assets.
Family Provision Claims
A family provision claim is an application to the Supreme Court of New South Wales for a share or a larger share from the estate of a deceased person. It is the most common method of "contesting a will".
The purpose of a family provision claim is to provide for the maintenance, education, and advancement in life of certain people who were dependent on the deceased person, or who were not adequately provided for in the deceased person's will.
When a Court makes an order for provision from the estate, it is like the Court is varying the terms of the will.
You can make a family provision 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.