McVittie Legal

Family Provision Claims IN the Northern Rivers

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Northern Rivers Family Provision Claims

When a person believes they’ve been unfairly left out of a will or not properly provided for, they may have the right to seek further provision under estate law. At McVittie Legal, we assist clients in the Northern Rivers with family provision claims, helping them understand their legal options and navigate what can be a complex and emotionally charged process. These claims are time-sensitive and require careful preparation of evidence, clear documentation and a structured legal approach. Eligible individuals may include spouses, de facto partners, children, stepchildren or dependants who were financially supported by the deceased.


We guide clients through negotiation, mediation or court proceedings where needed, and assist in having the claim properly assessed under the law. We aim to protect the rights of eligible persons while having the process handled with sensitivity.


For advice on family provision claims, call 02 6628 8677 to arrange a confidential discussion.

Guidance for Eligible Applicants & Executors

Family provision claims must be supported by clear evidence that the applicant was left without adequate provision for their maintenance, education or advancement in life. We assist clients in gathering financial and personal information, preparing legal documents and understanding how the court may assess factors such as relationship history, financial dependency and the size of the estate. Each case is different, and a successful claim depends on meeting specific legal criteria.


We also provide legal advice to executors or administrators who are responding to a claim against an estate. Executors must comply with legal obligations while protecting the interests of beneficiaries and managing estate assets responsibly. We aim to make all parties involved aware of their rights and responsibilities, and work to resolve disputes as efficiently as possible. Early legal advice is often the key to avoiding prolonged conflict or unnecessary litigation.


Whether you’re considering making a claim or responding to one, legal guidance assists in making your actions informed, compliant and supported by proper documentation.

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Frequently Asked Questions

  • Who can make a family provision claim?

    Eligible persons vary by state but generally include spouses, de facto partners, children (including adult or stepchildren), and dependants who were financially supported by the deceased. These individuals can apply to the court for a share or greater portion of the estate if they believe they were not adequately provided for. Eligibility is assessed based on relationship to the deceased, financial need and other circumstances at the time of death.

  • What are the time limits for making a claim?

    Strict time limits apply. In New South Wales, an applicant must file a family provision claim within 12 months of the deceased’s date of death. Extensions may be granted in limited circumstances, but there must be a strong reason for the delay. It is important to seek legal advice early, as failure to act within the time frame can result in a loss of rights to challenge the will.

  • What should executors do if they receive notice of a claim?

    Executors have a duty to manage the estate fairly and must not distribute assets until the claim is resolved. They should seek legal advice immediately and may need to provide information about the estate’s assets, liabilities and the deceased’s relationships. Executors must remain impartial, follow court directions and ensure that the estate is administered according to law. Acting early can help reduce delays and potential disputes.