Have you been unfairly left out of a will? At HFK Lawyers, we specialise in family provision claims across NSW, QLD, and VIC, helping clients secure the inheritance they’re legally entitled to.
Being excluded from a loved one’s will can feel deeply unfair, but in Australia, the law may be on your side. Family provision claims allow eligible individuals to contest a will if they believe they haven’t been properly provided for. These claims are about justice, not entitlement, and they’re more common than you think.
At HFK Lawyers, we help people in NSW, Queensland, and Victoria navigate this complex area of law with empathy and precision. If you are a child, spouse, de facto partner or grandchild of the deceased, or if you were financially dependent on the deceased or had a close personal relationship, you might be entitled to a greater share of the estate.
For broader assistance with wills, probate, estate administration and estate planning matters, visit our wills and estates lawyer page.
Australian state laws define specific categories of people who may be eligible to contest a will or claim provision from a deceased estate. Eligibility varies slightly between jurisdictions, but typically includes:
Not sure if you’re eligible?
Take our quick, confidential Family Provision Claim Questionnaire to find out.
At HFK Lawyers, we take a personalised and strategic approach to every family provision claim. We understand the emotional and financial stakes involved, and our goal is to guide you through the process with clarity, compassion, and expert legal insight.
Trusted expertise, personal service, and proven results in family provision claims.
We have successfully handled numerous family provision claims across NSW, delivering fair outcomes for our clients.
We prioritise your needs with personalised advice, responsive communication, and compassionate support throughout.
Our team is known for strategic thinking, professionalism, and a track record of favourable settlements and judgments.
Creating clear and legally binding wills that express your wishes
Setting up trusts to protect and manage your assets.
Guiding you through the probate process to efficiently manage your estate.
Drafting documents to appoint trusted individuals to make decisions on your behalf.
Representing clients in disputes over wills and estate distributions.
Developing strategies to ensure your assets are safeguarded for future generations.
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The cost of a family provision claim in NSW can vary significantly depending on the estate, the parties involved, the issues in dispute and whether the matter resolves early or
What is a Family Provision Claim? Have you or a loved one been unfairly treated, left out of a Will completely, or left with less than you believe is fair?
What Is a Family Provision Application? A Family Provision Application is a legal claim made by an eligible person who believes they have not been adequately provided for in a
If you believe you have been unfairly left out of a will, or not adequately provided for, you may be entitled to make a family provision claim.
Our experienced family provision lawyers provide clear, strategic advice on your eligibility, time limits, likely outcomes and costs. We work with sensitivity and discretion during what is often a difficult time.
Complete the form to arrange a confidential consultation.
You must file a claim within 12 months of the deceased’s date of death, unless the Court grants an extension in special circumstances. It’s best to seek legal advice as early as possible.
A Family Provision Claim is a legal application made by an eligible person who believes they were not adequately provided for in a deceased person’s will (or under intestacy laws).
If you are considering making or defending a claim and want to understand the potential legal costs involved, you can read our article on how much a family provision claim costs in NSW.
Eligibility varies by state, but typically includes spouses, de facto partners, children (including stepchildren and adopted children), former spouses, and financial dependants.
Not necessarily. Many claims are resolved through mediation or negotiation. However, if a settlement can’t be reached, the matter may proceed to court.
If successful, the Court may order a redistribution of the estate in your favour, ensuring you receive adequate provision for your proper maintenance, education, or advancement in life.
Yes. You can still make a Family Provision Claim even if the deceased died intestate (without a will), as long as you meet the eligibility criteria.
