Family provision waiver (NSW)

Family provision waiver (NSW)


$550 to review instructions and send a letter to a former spouse or their solicitor.

$1650 to proceed with a full service once former spouse agrees - excluding disbursements.

This is a fixed price service and includes legal advice and tailoring as required.

When a marriage breaks down and a property settlement is reached with an ex-spouse it is necessary to remove that ex-spouse as a possible claimant against an estate.

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

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

This important issue should be discussed by the couples family lawyers during the property settlement negotiations, but if they weren't then Townsends can assist by drafting an agreement for spouses to agree to and to provide all the relevant court documents to seek the court’s approval of the agreement.

For further information, please call our office on 02 8296 6266