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Have you been left out of a will?

Our Lawyers can help make a claim for what you’re entitled to.

What is a Family Provision Claim?

When someone dies and leaves behind assets such as money or a property, those assets have to go somewhere. Most people have a Will.  If a person dies without a Will, this is known as ‘intestacy’ and special rules apply as to where the assets go to.

Unfortunately, some people make a Will that doesn’t include or provide enough for the people that really need it. Alternatively, sometimes people who would have been included in a will if there was one miss out because of the rules of intestacy.

If you find yourself in either of these situations, you may be able to make a Family Provision Claim.

A Family Provision Claim can be made by an application to the Supreme Court seeking a share or a larger share of a deceased person’s estate. This is known as seeking an order for ‘Provision’.

Andrew McQuilkin discusses Wills and Estates


Who is eligible to make a Family Provision Claim

In order to bring a Family Provision Claim you need to be a ‘eligible person’ and commence proceedings in the Supreme Court within 12 months of the date of death. People who are eligible to make a Family Provision Claim include:

  • The wife or husband of the deceased
  • A person who was living in a de facto relationship with the deceased (including same sex couples)
  • A child of the deceased (including an adopted child)
  • A former wife or husband of the deceased
  • A person who was, at any particular time, wholly (entirely) or partly dependent on the deceased, and who is a grandchild of the deceased or was at that particular time a member of the same household as the deceased
  • A person with whom the deceased was living in a close personal relationship at the time of the deceased person’s death.

What are your legal costs?

We offer ‘No Win, No Fee’ and fixed fee costing arrangements for challenging will and estate dispute matters.

If you are successful in your Family Provision Claim the Court usually orders that the Estate pay your legal costs.

Senior Lawyers Andrew McQuilkin and Melissa Obrist at Schofield King’s Port Macquarie Office


How can I start the process?

Simply give us a call or fill in the form below and we’ll set up an initial, obligation-free chat with you. We’ll go through a checklist in terms of what you need to bring a claim, and we can advise you as to whether we feel you have a case.

Want to know what
you’re entitled to?

What some of our clients say

“The best highlight in Schofield King is being trustful and transparent. Very welcoming as well, they are open to support anytime.”

– Naghmeh

“Schofield King Lawyers have changed my life. I was always kept up to date on where my case was at. I was referred to them from someone who had previously experienced their service. I too, highly recommend their service to anyone seeking legal advice.”

– Eric

Let us find out
if you’ve got a case.

What makes Schofield King Lawyers the team to represent you?

We excel in Family Provision Claims


Will Disputes and Family Provision claims are one of five core services. When it comes to knowing where you stand, you’re in good hands with us.

If you don’t win, you don’t pay!


We operate on a No Win, No Fee basis, meaning you can have expert legal assistance for no upfront costs and if you don’t win, it won’t cost you a cent!

Let us help you


Disputes about estates and wills can be messy and stressful, especially since they’re often between loved ones.

It’s our job to resolve the matter as quickly and amicably as possible so that your relationships and your entitlements are protected in equal measure.

Knowing where you stand won’t cost you a cent


Our initial Case Assessment is free of charge and there’s no obligation to appoint us as your legal representative. So there’s nothing to lose just to know where you stand.

Book Your Free Family Provision
Claim Case Assessment.

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