If you have been left out of a will, or treated unfairly in a will as a beneficiary, then you can make a claim for Family Provision.


A Family Provision Claim is an application for an order for provision to be made out of an estate for a person’s maintenance, education and advancement in life.


Time limits apply as  claims must be brought within 12 months of the death of the deceased person.


An “eligible person” under the Succession Act may be able to make a claim for a Family Provision order. There are six categories of an eligible person:


1.  The wife or husband of the deceased when the deceased died;

2.  In a de facto relationship with the deceased when he/she died;

3.  A child of the deceased;

4.  Former wives and husbands of the deceased;

5.  A person:

(i) who was, at any particular time, wholly or partly dependent

on the deceased, and

(ii) who is a grandchild of the deceased person or was, at that

particular time or at any other time, a member of the

household of which the deceased person was a member;

6.  A person who was living with the deceased in a close personal

relationship at the time of death.


If you want to contest a Will,  you should get  legal advice to ensure that your entitlements are fully protected. At Breens Solicitors and Conveyancers, your first consultation is free and we can assess your claim and advise your entitlements.

At Breens Solicitors and Conveyancers, we will work with you to assess  your claim and  give you straight forward advice and  options available to resolve your claim.

We can offer a "No Win - No Fee" costs agreement in most matters relating to Will disputes. (subject to conditions).


Defending A Will as an Executor.


If you are an Executor and  you have been served with a Claim for Family Provision, we can also assist with the Legal process.


Defending a will in a Family Provision claim can be stressful and can be complicated, so it is  important to obtain competent legal advice. The legal costs as an Executor will be covered by the Estate.


At Breens Solicitors & Conveyancers,  we will  guide and assist you in defending the claim and advise you in exercising your duties as an Executor.


Call, Paul Kaperonis Solicitor 8628 0415 for advice. Your first consultation for general advice (15 minutes) is free.