Family provision claims
Family provision application: Your rights, our fight
When a loved one passes away, the emotional turmoil can be overwhelming. At GMP Law, we understand that dealing with legal matters during this difficult time can add to your stress. If you believe you’ve been unfairly excluded from a will or received inadequate provision, we’re here to help.
Our experienced team specialises in contesting wills, including family provision applications and claims, and will ensure your rights are protected and your voice is heard.
Why Choose Gerard Malouf & Partners
Understanding family provision claims
A family provision claim is a legal process that allows eligible individuals to contest a will if they believe they haven’t been adequately provided for in the deceased’s estate. This area of law recognises that sometimes testators (those who make wills) may not have made fair or adequate provisions for their family members or dependents.
The process involves:
- Determining eligibility to make a claim
- Assessing the adequacy of the provision in the will
- Considering various factors that may influence the claim
- Filing an application with the court
- Negotiation or mediation with other parties
- If necessary, proceeding to a court hearing.
At GMP Law, we guide you through each step, ensuring you understand your rights and the potential outcomes of your claim.
We're here to help.

Eligibility to dispute a will
To be eligible for a family provision claim, you generally need to fall into one of the following categories:
- Spouse or de facto partner of the deceased
- Child of the deceased (including adopted or step-children)
- Former spouse or de facto partner of the deceased
- A grandchild who was dependent on the deceased
- Member of the deceased’s household who was dependent on them.
Examples of eligible claimants:
- A widowed spouse is left with insufficient funds to maintain their standard of living
- An adult child excluded from the will due to family estrangement
- A step-child who was financially dependent on the deceased
- A grandchild who lived with and was cared for by the deceased.
Each case is unique. At GMP Law, our team of will dispute lawyers will assess your circumstances to determine the strength of your claim and then advise you on your best course of action. Our free initial consultation means you have nothing to lose by exploring your options.
Factors affecting family provision
When considering a family provision claim, the court takes into account various factors, including:
- The financial position of the claimant
- The size and nature of the deceased’s estate
- The relationship between the claimant and the deceased
- The age and health of the claimant
- Any promises made by the deceased to the claimant
- The deceased’s moral obligations to the claimant
- Contributions made by the claimant to the deceased’s welfare or estate
- The needs and financial resources of other beneficiaries.
At GMP Law, we analyse these factors to build a strong case for your claim. We’ll work tirelessly to ensure you receive the maximum compensation you’re entitled to under the law.

No Win No Fee
Fee transparency that you can trust
At GMP Law, we’re committed to ensuring you have nothing to lose.
If we don’t win your case, you won’t pay a cent for our services. This means you can focus on healing without worrying about legal costs.
How it works
No upfront costs
No contingency fee
We’ll only charge you if we win.
We maintain integrity by carefully evaluating each case. If we believe it’s unlikely to result in compensation or if the costs outweigh the benefits, we won’t take it on.
This commitment to our client’s best interests, as well as fee transparency, sets us apart from other law firms.
With a 98% success rate and over $4 billion in settlements, we’re dedicated to delivering exceptional results for our clients.
Frequently asked questions about family provision claims
How long do I have to make a family provision claim?
In most Australian states, you have 12 months from the date of death to file a claim. However, this can vary, so it’s important to seek legal advice promptly.
Can I make a claim if I’m not mentioned in the will at all?
Yes, eligible persons can make a claim even if they’re not mentioned in the will. What matters is your relationship with the deceased and your financial circumstances.
GMP Law offers free initial consultations to help individuals determine if they have a viable case. Our experienced lawyers can guide you through the complex process of evaluating your situation.
Will my family provision claim go to court?
Many claims are settled through negotiation or mediation without going to court. At GMP Law, we strive to reach a fair settlement efficiently, but we’re prepared to litigate if necessary to protect your interests.
Justice for family provision applicants
At GMP Law, we’ve successfully represented clients from various walks of life, securing substantial compensation for family provision applicants.
Son of deceased granted family provision order of $75,000
Background
An 83-year-old woman passed away, leaving most of her estate to her oldest son. Her youngest son and his wife were excluded from the will, except for small gifts to their children.
The challenge
The youngest son, despite being estranged from his parents, made a claim for a family provision order under the Succession Act 2006.
GMP Law’s approach
- Established the client’s eligibility to make a claim
- Gathered evidence of the client’s financial needs and health issues
- Presented a compelling case for the client’s moral claim on the estate
- Negotiated with the estate’s representatives.
Outcome
The court granted an order for provision from the estate to the client of $75,000, providing financial relief and acknowledging his place in the family despite the estrangement.
Family provision claim of over $600,000 from the estate of adult children’s deceased mother’s de-facto partner
Background
Mr K and Mrs P’s mother had a long-term de-facto relationship with the deceased, who played a father-like role in their lives. When he died, he left his estate to charity.
The challenge
The clients were not biological children of the deceased, making their eligibility for a claim questionable.
GMP Law’s approach
Established that the clients had lived with and were dependent on the deceased at some point
Gathered evidence of the deceased’s father-like role and financial support
Commenced proceedings for family provision claims
Presented compelling evidence to the estate executors.
Outcome
We successfully resolved the client’s claims, resulting in a joint payment of over $600,000 from the estate, acknowledging the deceased’s moral obligation to the clients.
Our will dispute services
Real cases, real results
Chris Chris Lehmann & his team from GMP were very professional in dealing with my work injury claims. They helped me throughout the process & explained what I needed to know. It takes time & patience but in the end they helped me get a successful & good result, which will help ease the financial burden on my family since my injury. Rodney grounds Gerard Maloufs and Partners, are an exemplary professinal firm, who I have been involved with for a decade as a client, and I cannot express how professional and competent in their job they are! Heading my claim is Chris lehman, who is definitely is an asset to his firm, being competent, intelligent, diligent, caring and honest, and fights for every cent of your claim, the barrister Jaryd, who also leads hard, and accomplishes, what seems impossible, not forgetting behind the scenes, Makaila, Poppy, and Samuel. I never expected the outcome I received, and can't express how thankful I am, to this team of absolute professionals! Rod Grounds Trent Bryn Ilyas and his team were fantastic and sorted out my case hassle free. I would highly recommend Ilyas and his team Tina McCann I can't recommend Gerard Malouf & Partners highly enough. The company does everything it says it does. Ilyas Omari who represented me successfully was amazing, he was polite, professional and very caring. Thank you so much Ilyas and GM&P :) Ankit Kumar **Exceptional Legal Support – Special Thanks to Reg Kolokossian** I had a truly outstanding experience with GMP Lawyers Parramatta. From start to finish, the team displayed the highest level of professionalism, integrity, and dedication. They guided me through the legal process with clear communication, compassion, and genuine care for my situation. A very special thanks to **Vrege (Reg) Kolokossian**, whose expertise, attention to detail, and unwavering support made a real difference in my case. Reg is not only incredibly knowledgeable, but also approachable and patient—always taking the time to explain everything clearly and make sure I felt confident at every step. Thanks to Reg and the entire GMP team, I achieved a result I’m very happy with. I would highly recommend GMP Lawyers to anyone in need of expert legal representation in Sydney. Iziah Cleal Idk what these negative reviews are all about legal fees being expensive and that do you people not realize it ain't cheap geeh head to USA then you'll understand. I'd like to thank David and his team for the ride. Man it was a long period but we got there in the end. I'm happy with the outcome love you guys David Joan Shanahan Very professional and always working to get the most for the client Chrisanth Koundouris Nassir and the team at GMP have been fantastic! They helped with my husbands TPD Claim and Workers Comp Injury Damages Claim. After years of heartache and struggle, Nassir was an angel sent to us from above. We would highly recommend Nassir and the team at GMP Parramatta. Thankyou for all your fight and hard work. Jim & Chrissy K M Diallo I chose GMP to manage my legal matters and I could not have made a better choice. They represented me with an unbelievable level of devotion and professionalism. I highly recommend GMP. Special Thanks to Tanya To who with her team were outstanding through and through. Thank you GMP and massive Thank you to Tanya To and her team.
The compensation claim process: Your journey with GMP Law
Initial consultation
Evidence gathering
Claim submission
Negotiation
Court representation
Ongoing support
Our promise to you
Why trust GMP Law with your contested wills claim?
At GMP Law, we handle your claim so you can concentrate on what matters most: your recovery.
We commit to
Clear, straightforward communication
Regular updates on your case as it progresses
A personal injury lawyer who understands your unique situation
Vigorous negotiation to maximise your compensation
Empathetic support throughout your journey
Specialised knowledge
Our accredited personal injury lawyers have years of experience in accident injury claims, giving us deep insight into the nuances of these claims.
Proven track record
Difficult case policy
Australia-wide assistance
With lawyers across the country, we’re here to help, wherever you are.
Meet the Contested Wills team
Meet some of the diverse and dynamic will dispute lawyers who support our clients with their will contests, inheritance disputes, and family provision claims.
We're here to help maximise your compensation
Book your free, confidential consultation with one of our will dispute lawyers using the form below, or simply call us 1800 004 878.
