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Family Provisions Claims

Commins Hendriks has an experienced team of litigators who can assist you in dealing with Family Provisions claims.  A family provisions claim is an application for an order for further provision to be made out of an estate for a person’s advancement, education or maintenance.

Commins Hendriks can provide you with advice in relation to the current family provisions legislation (Succession Act 2006 NSW) and we can explain the practical and procedural aspects of bringing or defending an application for family provision.

We act on behalf of estates in relation to defending family provisions proceedings and also we act on behalf of individuals who seek further provision from an estate.

Our experienced team can quickly assess whether a possible claimant is an eligible person and we can provide advice in relation to whether an individual has reasonable prospects of bringing a successful claim.

We can provide advice in relation to:

  • Who can make a claim
  • The time limits for making a claim
  • Methods of alternative dispute resolution to avoid the commencement of proceedings
  • Filing of proceedings
  • The costs associated with bringing or defending a claim

We can also provide advice to you at the time of drafting a Wills in an effort to minimise the potential for claims to be brought against a future estate.

For more details and assistance, please contact 1800 643 779 or a member of our specialised team.

Julianne Carroll

Courtney Hunter

Tonya Longmore