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JCL Legal | Law Firm in Sydney CBDFamily Provision Claim NSW
August 26, 2026
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Understand Family Provision Claims in NSW under Section 57 of the Succession Act 2006[cite: 1]. Jeffrey Choy of JCL Legal details eligible persons, court factors, time limits, and strategies to minimize estate litigation[cite: 1].
Level 8, 65 York Street, Sydney, NSW, 2000, Australia
Family Provision Claims and the "Eligible Person" Concept
Before evaluating whether a deceased person’s will is fair, the court determines if an applicant is legally entitled to apply under Chapter 3 of the Succession Act 2006 (NSW)[cite: 1]. Section 57 identifies six principal categories of eligible persons[cite: 1]:
Spouses: Legally married or de facto partners at the date of death[cite: 1].
Children: Biological and adopted children[cite: 1].
Former Spouses: Previously married partners of the deceased[cite: 1].
Dependants: Dependant grandchildren and dependant household members[cite: 1].
Close Personal Relationships: Cohabiting adults providing domestic support and personal care for no reward[cite: 1].
Court Criteria for Adequate Provision
Once eligibility is established, the court determines if adequate provision was made for proper maintenance, education, or advancement in life[cite: 1]. Certain categories must also prove circumstances warranting the application[cite: 1]. The court considers:
Present and future financial needs, earning capacity, and resources[cite: 1].
Age, health, and disabilities[cite: 1].
Relationship quality and contributions to the deceased or estate[cite: 1].
Competing needs of other beneficiaries and estate size ($10M vs. $300,000)[cite: 1].
Claims do not exist to enforce equal distribution[cite: 1]. An adult child renting with low income may warrant provision over a financially wealthy adult child owning multiple properties[cite: 1].
Time Limits & Estate Planning
Applications must generally be made within 12 months of death, regardless of whether probate or administration is granted[cite: 1]. Late applications are only allowed under special circumstances[cite: 1].
To reduce litigation risks, solicitor Jeffrey Choy at JCL Legal advises on eligible persons, financial dependencies, estranged children, joint assets, superannuation, trusts, and businesses[cite: 1]. JCL Legal assists with probate, administration, and Supreme Court family provision matters[cite: 1]. Contact Jeffrey Choy: 0419 233 670 | [email protected][cite: 1].