O’Rourke & Associates provides professional strategic advice on a contested estate as well as alternate dispute resolution practices towards resolving claims

Chapter 3 of the Succession Act 2006 NSW provides a statutory scheme that deals with family provision applications, also known as contested estates.

The Act provides the court with the jurisdiction to order ‘adequate provision for the proper maintenance, education and or advancement in life’ for a person who has not been adequately provided for by a deceased under a Will or on intestacy (having no Will).

We have successfully assisted clients to bring a claim against a deceased estate in the following scenarios:

• An estranged child of the deceased;

• Grandchildren of the deceased whereby their parent was deceased;

• Children of the deceased making a claim versus a step parent;

• A spouse of the deceased.