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Left Out of a Will? Hire a Wills and Estates Lawyer in Wollongong and Western Sydney

Losing a loved one is a difficult event to process. Being left out of your loved one’s Will, or perhaps not getting a fair share under their Will, can create additional stress at an already emotional time. Not receiving the inheritance you expected (or not receiving an inheritance at all) can be complex. To understand the strength of your claim and to understand the process of making a Family Provision Claim, it is important that you seek help from one of Access Law Group’s estate dispute resolution lawyers.


Author: Tom Ellicott
31 October 2022

I’ve been left out of a Will – Can I make a claim?

Not everyone can make a Family Provision Claim. In fact, the law provides that only specific persons can make a claim. They are ‘Eligible Persons’. Eligible persons include:

  • The spouse or domestic partner of the deceased person;
  • A former spouse of the deceased person;
  • A child of the deceased person;
  • A person who was, at any time, wholly or partly dependent on the deceased person;
  • A grandchild who was, at any time, wholly or partly dependent on the deceased person; and
  • A person who was living in a close personal relationship with the deceased person at the time of their death.

If you have been left out of a will and want to find out more about your rights, the first step is to speak to one of our experiences wills and estates lawyers who can advise you of your rights and the right steps you can take with honesty and empathy.

Making a Family Provision Claim

There are multiple factors the court must consider if a family member is left out of a will and they are making a Family Provision Claim, including:

  • The relationship between the deceased and applicant;
  • The nature and extent of the estate;
  • The financial resources, earning capacity and present and future financial needs of the applicant;
  • Whether any other person is liable to support the child;
  • The character and conduct of the applicant before and after the death; and
  • Any Aboriginal or Torres Strait Islander customary laws that may be relevant.

There are specific criteria that need to be met when making a Family Provision Claim, so getting advice from an estate dispute resolution lawyer with skills in wills estates law and is crucial. To determine whether you are an Eligible Person and understand how to best make a Family Provision Claim, contact Access Law Group.

Estate Planning Lawyer in Wollongong, Camden and Sydney

At Access Law Group, an estate dispute resolution lawyer can advise and assist. For trusted estate dispute resolution lawyers in Wollongong, Camden and Sydney, call our team today on 02 4220 7100 or contact us online for your free initial 30 minute consultation.