1800 013 628

At Michael Atkinson & Associates we can assist you with:

• Bringing a Family Provision Claim.
• Defending a Family Provision Claim on behalf of the Estate.
• Claims for breach of contract relating to Estates.
• Preparing your Will.
• Obtaining Grants of Probate or Letters of Administration on behalf of an Estate.
• Preparing an Enduring Power of Attorney and Enduring Guardian.

Contact Michael Atkinson to discuss your Will or Estate issue or problem.

If the deceased died on or after 1 March 2009 any application must be made within twelve months of the date of the death of the deceased.  Further, the Court is able to make orders relating to any notional property of the deceased which could include any property that has been transferred up to 3 years prior to the date of death. 

A Court will only make provision for an eligible person if that person can show that there is a need for the provision to be made for their maintenance, education or advancement in life.  In general terms that will relate to the needs of the eligible person.  Typical factors taken into account are:
(a)        any financial or non-financial contribution made by the eligible person;
(b)        the character and conduct of the eligible person before and after the death of the deceased; and
(c)        the circumstances existing before and after the death of the deceased.

The Succession Act defines an eligible person to be either:

1. A person who is the wife or husband of the deceased person at the time of the deceased person’s death;
2. A person with whom the deceased person was living in a de-facto relationship at the time of the deceased person’s death;
3. A child of the deceased person;
4. A former wife or husband of the deceased person;
5. A person:
1. Who was, at any particular time, wholly or partly dependent on the deceased person; and  
2. 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 with whom the deceased person was living in a close personal relationship at the time of the deceased person’s death.

If you feel you have been left out of a will or feel aggrieved as to the amount that you have been given then in New South Wales a claim can be made under the Succession Act 2006.  To be able to bring a claim you must be an eligible person and you must be able to show that there is a need for a provision to be made for your maintenance, education or advancement in life.