Contest, challenge or defend a Will?

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The Succession Act 2006 is legislation in NSW which was created to govern the operation of Succession Law. This law was previously governed by the Wills, Probate and Administration Act 1898 and then the Family Provision Act 1982.

The update extends the powers of a Court to provide for family members of a deceased person if the deceased failed to make adequate family provisions for them under their Will. The Succession Act 2006 states who is eligible to make a claim. Peopele who are eligible include:

  • spouse
  • de facto spouse
  • children of the deceased
  • children of a de facto relationship
  • former spouse
  • grandchild
  • dependent or
  • close friend

These changes emphasise the primacy of the spouse. The right of the spouse of an intestate to have an interest in a residence occupied by the spouse, will be replaced by a right to acquire any property from the estate at its market value at the date of the intestate’s death, subject to certain conditions.

A Family Provision Claim is an application to the court seeking provision from the estate of a deceased person. This application requires full and frank disclosure of the financial position of the eligible persons. If a person dies on or after 1st March 2009, the Succession Act 2006 will apply. Prior to this date the Family Provision Act 1982 will apply. A time limit of twelve months applies to  a claim being filed under the Succession Act and eighteen months under the previous Family Provisions Act 1982 legislation



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