You will not be sent a bill for the initial consultation if you do not proceed with your claim.

A surviving husband or wife of the deceased person
A person living in a de facto relationship with the deceased person at the time of their death
A child of the deceased person (including an adopted child)
A former (i.e. divorced) wife or husband of the deceased person
A person who was a dependent upon the deceased person and who is a grandchild of the deceased person
A member of the household of the deceased person at any time
A person who is living in a close personal relationship with the deceased person at the time of death.

Where a deceased person fails to make adequate and proper provision in their will the Court may increase any gift under a will.

If the deceased died before March 2009 the time period is 18 months from the date of death. If the deceased died after March 2009 the time limit is only 12 months after the date of death. In either case, circumstances may exist which allow the Court to extend the time to make a claim. You must file papers in Court within the relevant time limit. If you have a good claim it is far better to take action promptly and avoid delay. If the estate is distributed before you make a proper claim, complications can arise.

The claim is commenced by filing papers in Court (usually the Supreme Court of NSW). Usually, in cases involving small estates, attempts are made to settle a claim through negotiation without the need to file papers in Court.

A timetable is set out for the filing of evidence (including witness statements)
The parties participate in compulsory mediation (usually within a few months of making the claim).
Most cases settle either at mediation or before the matter is heard by a judge.
Usually, if the matter cannot be settled, the matter will be heard by a judge within 18 months of filing the papers in Court.

No, most cases settle out of Court but if the matter cannot be settled then we will have to fight your case and a judge will make a decision as to your claim.

No. A money sum is the most common award made in a claim. However, the Court can be flexible in granting, for example, the right to occupy a certain residence for a specified period, the setting up of a trust fund and so on.

The simple answer is no. Where there is a will the Court will be most concerned about the unmet needs of yourself and your dependents on a financial basis. That may result in you being awarded a greater or lesser sum than your brother and sister.

Yes, but the Court only has the power to award you money from the assets in NSW.

Where the remaining estate is not adequate to satisfy an award the Court can “claw back” gifts made within 3 years of death if made to defeat a claim and 12 months in any event.

If the matter goes to Court and you win the case the Court will usually order the estate to pay your legal costs in addition to the sum awarded. When negotiating an out of Court settlement your legal costs are taken into account in settlement offers.