Can I make a claim against an estate where I have been left out (or not left enough)?

Telemon Lawyers > FAQs > Probate, Wills & Estates > Probate > Can I make a claim against an estate where I have been left out (or not left enough)?

The Succession Act 2006 (NSW) allows for eligible people to make a claim on an estate to rectify injustices that can arise. Section 57 of this Act defines eligible people as the:

  • Wife or husband;
  • Person who was living in a de-facto relationship with the deceased person;
  • Child;
  • Former husband or wife;
  • Person who was wholly or partly dependent on the deceased person;
  • Member of deceased household; and
  • Person living in a close personal relationship with the deceased.

A claim will generally be successful if the court believes that the deceased made inadequate provision for the applicant’s proper maintenance, education and advancement in life. The court will consider:

  1. The applicant’s needs;
  2. The deceased’s duty, if any, to make provisions in favour of the applicant in their Will; and
  3. All the circumstances of the case.