Family Provision Waiver (NSW)

$550.00 - $1650.00

It might come as a surprise to learn that your former spouse, or a spouse from whom you have separated, can still make a claim on your deceased estate even though you have left your estate to your children or someone else in your Will.

In a NSW Supreme Court decision in 2012, the Court ordered $125,000 of the deceased’s estate be given to the deceased’s wife from whom he had separated six years earlier, even though she was not named in the Will as a beneficiary.

If your marriage breaks down and you reach a property settlement with your ex-spouse, you must still remember to remove your ex-spouse as a possible claimant against your estate.

The family provisions sections in the NSW Succession Act give ex-spouses the right to make a claim on your estate if they are not suitably catered for in your Will. The only way that this can be avoided is if your ex-spouse waives those entitlements and that waiver is approved by the Supreme Court.

Your Family Court orders are not enough! This is State legislation and only the State Supreme Court can approve the waiver.

Many separated couples have not taken this step and now find that their former spouse could make a claim on their estate, particularly if their share of the original property settlement has not lasted as long as they originally thought that it might.

Your ex-spouse can’t be forced to waive their rights against your estate, and the whole issue should be discussed by your family lawyers during the property settlement negotiations, but if they weren’t then we can help.

To review your instructions and send a letter to your former spouse or their solicitor:   $550 (incl. GST)

To proceed with our full service as outlined to you once your former spouse agrees:  $1,650 (incl. GST) (fee excludes disbursements)