These are claims brought under the Succession Act NSW by a person who qualifies under section 57 of the Act, to bring a claim, and the claimant alleges and is required to prove that the provision for them in the will of the deceased was insufficient, and seek further provision.

These matters are heard in the Equity Division of the Supreme Court, and the court will consider factors such as the claimant’s need, the deceased’s wishes, including anything said or done by the testator during their life (not just the will), the size of the estate, the relationship between the claimant and the testator during their lives, the claims of other beneficiaries, and any other factor the court considers relevant to the decision. 

The executor is generally entitled to claim their entire costs (indemnity costs) as the person defending the claim against the estate, while the claimant runs the risk of being unsuccessful and forfeiting any costs claim, and may possibly need to contribute towards the estate’s costs. The claim must be initiated within one year of the testator’s death. Generally the claimant is at least partially successful. 

These claims are becoming increasingly common, and all claims are first offered court-assisted mediation at very reasonable rates. The settlement rate at these mediations is high, and reflects the justified reluctance of many litigants to go through the expense of a Supreme Court hearing.