8 Types of People that can Claim on a Deceased Estate

Jul 3, 2024 | Publication

In New South Wales, there are many different types of people that can potentially claim on a deceased estate if, for instance, inadequate or no provision has been made for them or they are owed money by the estate (or they were owed money by the deceased).  

The types of people that may claim include a:

1                    Spouse of the deceased.

2                    De facto.

3                    Child.

4                    Former spouse.

5                    Person who was, at any particular time, wholly or partly dependent on the deceased, and who is a grandchild or was a member of the deceased’s household.

6                    Person with whom the deceased was living in a close personal relationship at the time of the deceased’s death.

7                    Person who lent the deceased money.

8                    Any other creditor of the deceased.  

Section 57 of the Succession Act 2006 (NSW) lists the eligible persons who can make a claim for a family provision order – please seehttps://classic.austlii.edu.au/au/legis/nsw/consol_act/sa2006138/s57.html

It is important if you are a claimant on a deceased estate, or if you are defending an estate, to obtain prompt legal advice and representation.

Time limits apply to bringing some types of legal action.

For an obligation free discussion please contact our office on (02) 9633 1826 or email reception@mcauleylawyers.com.au

The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this publication is accurate at the date it is received or that it will continue to be accurate in the future. We are not responsible for the information of any source to which a link is provided or reference is made and exclude all liability in connection with use of these sources. If you do not wish to receive newsletters from us, please let us know.

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