Archive for:

Making a family provision claim in NSW against the estate of a parent you barely knew. Is the mere fact of paternity enough?

Making a family provision claim in NSW against the estate of a parent you barely knew. Is the mere fact of paternity enough? By Martin Pooley, Senior Associate   Even where a child was unaware of the existence of one of their parents for most, or all of their lives, and there is little or […]

Family Provision claims by former wives or husbands of a deceased person in NSW

Family Provision claims by former wives or husbands of a deceased person in NSW By Martin, Senior Associate   Eligibility Former wives or husbands of a deceased person are eligible to apply for provision from the estate of their late former spouse pursuant to section 57(1)(d) of the Succession Act 2006. The fact that they […]

Family Provision Claims by Widows in NSW

Family Provision Claims by Widows in NSW By Martin Pooley, Senior Associate   Where a Court is considering whether to make a family provision order for a widow and what order, if any, ought to be made, the question for the court as set out in s59 of the Succession Act 2006 is whether the […]

Family Provision Claims by Adult Children in NSW

Family Provision Claims by Adult Children in NSW By Martin Pooley, Senior Associate   Even where an adult child is living an independent life and may own a home, has other assets, has the support of a spouse or partner, and is capable of meeting his or her day to day financial commitments, that financial […]