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Estates & InheritanceAustralia
Family Provision Claim — Notice to the Executor (Australia)
If a will (or the intestacy rules) leaves you without adequate provision, every Australian State and Territory lets an eligible person claim further provision from the estate — but the rules are fiercely local. The deadline is 12 months from the death in New South Wales, 9 months in Queensland with a separate 6-month notice step, just 3 months from probate in Tasmania, and 6 or 12 months from the grant elsewhere. Our template writes the formal notice to the executor with the correct Act, Supreme Court, eligibility class and calculated deadline for your jurisdiction — and asks the estate not to be distributed while your claim is resolved.
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Family Provision Claim — Notice of Intended Application
Notice Under The Succession Act 2006 (NSW) · 9 June 2026
Andrew P. Castellan
44 Camellia Street, Epping NSW 2121
0421 884 307
andrew.castellan@email.com.au
9 June 2026
Peter J. Castellan
9 Lindfield Avenue
Lindfield NSW 2070
Lindfield NSW 2070
NOTICE OF INTENDED FAMILY PROVISION APPLICATION
Estate of Margaret R. Castellan · New South Wales
Dear Peter J. Castellan,
I, Andrew P. Castellan, being a child of the deceased, give you notice that I intend to apply to the Supreme Court of New South Wales for a family provision order under the Succession Act 2006 (NSW) in respect of the estate of the late Margaret R. Castellan. I have not been left adequate provision for my proper maintenance, education and advancement in life, and I ask you, as the estate's personal representative, to treat this letter as formal notice of my claim.
I, Andrew P. Castellan, being a child of the deceased, give you notice that I intend to apply to the Supreme Court of New South Wales for a family provision order under the Succession Act 2006 (NSW) in respect of the estate of the late Margaret R. Castellan. I have not been left adequate provision for my proper maintenance, education and advancement in life, and I ask you, as the estate's personal representative, to treat this letter as formal notice of my claim.
1.
THE DECEASED AND THE ESTATE
Deceased: Margaret R. Castellan
Date of death: 12 February 2026
Grant: to my knowledge, no grant of probate or letters of administration has yet been made
You are addressed as executor named in the will.
Date of death: 12 February 2026
Grant: to my knowledge, no grant of probate or letters of administration has yet been made
You are addressed as executor named in the will.
2.
MY ELIGIBILITY TO CLAIM
I am a child of the deceased. In New South Wales, the persons eligible to apply for a family provision order under the Succession Act 2006 (NSW) include a spouse or de facto partner at the date of death, a child, a former spouse, a person who was wholly or partly dependent on the deceased and is a grandchild or was a member of the deceased's household, or a person living in a close personal relationship with the deceased at death (s 57). My relationship with the deceased places me within that class.
3.
TIME LIMIT FOR THE APPLICATION
An application in New South Wales must be made within 12 months from the date of death. The deceased died on 12 February 2026, so the application must be made on or before 12 February 2027. The Court may extend time only in limited circumstances, generally while the estate has not been fully distributed.
Jurisdiction note: New South Wales is the only jurisdiction with notional estate orders (Pt 3.3) — property the deceased gave away in the last 3 years, or that was distributed from the estate, can in defined circumstances be clawed back to meet a family provision order.
Jurisdiction note: New South Wales is the only jurisdiction with notional estate orders (Pt 3.3) — property the deceased gave away in the last 3 years, or that was distributed from the estate, can in defined circumstances be clawed back to meet a family provision order.
4.
THE PROVISION SOUGHT AND THE GROUNDS
Provision sought: Further provision from the estate by way of a lump sum sufficient to discharge my mortgage and meet my ongoing medical costs — in the order of $450,000 — or such other provision as the Court considers proper.
Grounds, in brief: Under the will dated 3 May 2021 I receive a legacy of $20,000 from an estate worth approximately $1.85 million, with the residue passing to my brother. I live with a degenerative spinal condition that limits my capacity for full-time work, I supported and cared for our mother during her final years, and the provision made for me is plainly inadequate for my proper maintenance and advancement in life.
Grounds, in brief: Under the will dated 3 May 2021 I receive a legacy of $20,000 from an estate worth approximately $1.85 million, with the residue passing to my brother. I live with a degenerative spinal condition that limits my capacity for full-time work, I supported and cared for our mother during her final years, and the provision made for me is plainly inadequate for my proper maintenance and advancement in life.
5.
REQUEST NOT TO DISTRIBUTE THE ESTATE
I ask that you do not distribute the estate, and do not deal with its assets other than for proper administration, until my claim is resolved or determined. A personal representative who distributes an estate after receiving notice of an intended family provision application risks personal liability if the distribution defeats an order later made by the Court. Please confirm in writing that you will not distribute pending resolution of my claim.
6.
ELIGIBILITY AND THE STATUTORY FRAMEWORK
The claim will be brought in the Supreme Court of New South Wales under the Succession Act 2006 (NSW). The Court asks whether adequate provision has been made for my proper maintenance, education and advancement in life and, if not, what provision ought to be made.
My eligibility in detail: I am a child of the deceased, named on my birth certificate and treated as such throughout her life. Eligibility as a child is not conditional on dependency in New South Wales.
Duration of the relationship: My whole life — 52 years.
My eligibility in detail: I am a child of the deceased, named on my birth certificate and treated as such throughout her life. Eligibility as a child is not conditional on dependency in New South Wales.
Duration of the relationship: My whole life — 52 years.
7.
FINANCIAL NEED AND COMPETING CLAIMS
The first stage of the test in Singer v Berghouse [1994] HCA 40; (1994) 181 CLR 201 asks whether, measured against my financial position, my needs and the size of the estate, adequate provision has been made for my proper maintenance, education and advancement in life. It has not:
My financial position: I earn about $58,000 a year working part-time as a draughtsman, limited by my spinal condition. My home at Epping carries a mortgage of $412,000. I have $61,000 in superannuation, no investment assets, and a car loan of $9,500. My wife works casually; we have one dependent child at school.
My needs: Discharge or substantial reduction of the mortgage to secure stable housing; ongoing specialist, physiotherapy and medication costs of about $7,500 a year, which will increase; and modest provision toward retirement, which my reduced working capacity has prevented me from building.
Other persons with claims on the estate: The only other beneficiary is my brother, Peter J. Castellan, who takes the residue (approximately $1.78 million). He is 58, in secure full-time employment, owns his home outright and has substantial superannuation. No other person has notified a claim to my knowledge.
Estimated value of the estate: approximately 1,850,000.00 AUD.
My financial position: I earn about $58,000 a year working part-time as a draughtsman, limited by my spinal condition. My home at Epping carries a mortgage of $412,000. I have $61,000 in superannuation, no investment assets, and a car loan of $9,500. My wife works casually; we have one dependent child at school.
My needs: Discharge or substantial reduction of the mortgage to secure stable housing; ongoing specialist, physiotherapy and medication costs of about $7,500 a year, which will increase; and modest provision toward retirement, which my reduced working capacity has prevented me from building.
Other persons with claims on the estate: The only other beneficiary is my brother, Peter J. Castellan, who takes the residue (approximately $1.78 million). He is 58, in secure full-time employment, owns his home outright and has substantial superannuation. No other person has notified a claim to my knowledge.
Estimated value of the estate: approximately 1,850,000.00 AUD.
8.
THE RELATIONSHIP, CONTRIBUTIONS AND MORAL CLAIM
At the second stage of Singer v Berghouse, the Court decides what provision ought to be made, weighing the whole relationship between the applicant and the deceased; the High Court in Vigolo v Bostin [2005] HCA 11; (2005) 221 CLR 191 confirmed that concepts of moral duty and moral claim may properly inform that evaluation.
The relationship: I remained close to my mother throughout her life. From 2019 until her death I visited several times each week, managed her medications and appointments, and from 2023 stayed overnight twice a week when her mobility declined. We never became estranged, and she told her geriatrician in 2024 that I was her main support.
My contributions: Between 2014 and 2016 I project-managed and part-funded ($38,000) the renovation of her bathroom and kitchen at Lindfield, which materially increased the value of the home that now forms the bulk of the estate. From 2019 I provided unpaid care that would otherwise have cost the estate a paid carer or residential placement.
Conduct and estrangement: I anticipate the estate may point to a period in 2017 when my mother and I spoke less often after a disagreement about her finances. We reconciled fully by Christmas 2017 at her initiative, and from 2019 I was her principal carer — there was no estrangement at any time relevant to the claim.
The relationship: I remained close to my mother throughout her life. From 2019 until her death I visited several times each week, managed her medications and appointments, and from 2023 stayed overnight twice a week when her mobility declined. We never became estranged, and she told her geriatrician in 2024 that I was her main support.
My contributions: Between 2014 and 2016 I project-managed and part-funded ($38,000) the renovation of her bathroom and kitchen at Lindfield, which materially increased the value of the home that now forms the bulk of the estate. From 2019 I provided unpaid care that would otherwise have cost the estate a paid carer or residential placement.
Conduct and estrangement: I anticipate the estate may point to a period in 2017 when my mother and I spoke less often after a disagreement about her finances. We reconciled fully by Christmas 2017 at her initiative, and from 2019 I was her principal carer — there was no estrangement at any time relevant to the claim.
9.
EVIDENCE, MEDIATION AND RESPONSE
The claim is supported by the following documents, available on request:
1. Will of Margaret R. Castellan (dated 3 May 2021) — the legacy of $20,000 to me and the residue to my brother
2. Specialist report of Dr H. Nguyen, spinal physician (dated 18 March 2026) — my degenerative condition and restricted working capacity
3. Renovation invoices and bank transfers (dated 2014-2016) — my $38,000 contribution to the Lindfield property
4. Letter from Lindfield Geriatric Clinic (dated 9 October 2024) — my role as my mother's primary support and carer
I am willing to take part in mediation or another form of dispute resolution to resolve this claim without proceedings — most family provision claims settle, and an early mediation protects the estate from the costs of litigation. Please respond to this notice within 21 days, confirming: (a) that you acknowledge my claim; (b) that the estate will not be distributed pending its resolution; and (c) whether the estate is willing to mediate.
1. Will of Margaret R. Castellan (dated 3 May 2021) — the legacy of $20,000 to me and the residue to my brother
2. Specialist report of Dr H. Nguyen, spinal physician (dated 18 March 2026) — my degenerative condition and restricted working capacity
3. Renovation invoices and bank transfers (dated 2014-2016) — my $38,000 contribution to the Lindfield property
4. Letter from Lindfield Geriatric Clinic (dated 9 October 2024) — my role as my mother's primary support and carer
I am willing to take part in mediation or another form of dispute resolution to resolve this claim without proceedings — most family provision claims settle, and an early mediation protects the estate from the costs of litigation. Please respond to this notice within 21 days, confirming: (a) that you acknowledge my claim; (b) that the estate will not be distributed pending its resolution; and (c) whether the estate is willing to mediate.
10.
NEXT STEPS
I would prefer to resolve my claim by agreement and without the costs of litigation. If I do not receive a satisfactory response, I will apply to the Supreme Court of New South Wales for a family provision order without further notice, and this letter will be relied on in relation to costs and on any question of delay.
YOURS FAITHFULLY,
Andrew P. Castellan
Claimant
Date: ____________________
CLAIMANT
Andrew P. Castellan
Date: ____________________
Available as a print-ready PDF or an editable Microsoft Word (.docx) file.
What Is a Family Provision Claim Notice?
A family provision claim — often called <strong>contesting a will</strong> — asks the Supreme Court of an Australian State or Territory to order further provision from a deceased estate for an eligible person who was left without adequate provision for their proper maintenance, education and advancement in life. This template produces the first formal step: a <strong>notice of intended application</strong> to the executor or administrator, identifying the estate, your eligibility, the provision you seek and the deadline that applies — and requesting that the estate not be distributed while the claim is dealt with.
The notice does real legal work. A personal representative who distributes an estate after receiving notice of an intended claim risks <strong>personal liability</strong> if the distribution defeats an order the Court later makes. In <strong>Queensland the letter is itself a statutory step</strong>: under the Succession Act 1981 (Qld), written notice must reach the personal representative within 6 months of the death — without it, the executor may lawfully distribute after 6 months and the claim can become worthless. In every Australian jurisdiction, an early, well-framed notice is what brings estates to the negotiating table.
Family provision is governed by <strong>State law, not federal law</strong>, and the differences are decisive: New South Wales runs its 12-month limit from the date of death and uniquely allows notional estate orders; Victoria, Western Australia, South Australia and the ACT allow 6 months from the grant of probate; Tasmania allows only 3 months from the grant — the shortest in Australia; the Northern Territory allows 12 months from the grant. South Australia's law was rewritten by the Succession Act 2023 (SA), in force since 1 January 2025, which made the deceased's wishes the primary consideration. The template applies the correct framework for whichever jurisdiction you select and calculates your deadline from the dates you enter.
What's Covered in This Template
The notice assembles what an Australian estate's lawyers check first — jurisdiction, eligibility, time limit and the substance of the claim — and applies the right State framework automatically.
All 8 Jurisdictions, Correctly
Select the State or Territory and the notice names the right Act and Supreme Court — Succession Act 2006 (NSW), Administration and Probate Act 1958 (Vic), Succession Act 1981 (Qld), Family Provision Act 1972 (WA), Succession Act 2023 (SA), Testator's Family Maintenance Act 1912 (Tas), and the ACT and NT Family Provision Acts.
Your Deadline, Calculated
Death-based limits (NSW, QLD) calculate from the date of death; grant-based limits (VIC, WA, SA, TAS, ACT, NT) from the grant date — with the exact final date printed in the letter.
The Queensland 6-Month Notice
In Queensland this letter satisfies the statutory notice step that must reach the executor within 6 months of the death — both QLD deadlines are calculated for you.
State-Correct Eligibility
States the eligible-person classes for your jurisdiction — spouse, de facto partner, child, and the conditional categories like stepchildren, grandchildren, dependants and household members.
Do-Not-Distribute Request
Formally asks the executor not to distribute pending resolution, with the personal-liability warning that makes the request bite.
The Provision Sought
A concrete ask — lump sum, share of the estate or specific property — framed against the inadequacy of what the will provided.
Singer v Berghouse Two-Stage Case
The Expert sections build the High Court's two-stage analysis: financial need measured against the estate, then the provision that ought to be made.
Need, Contribution and Moral Claim
Your financial position, the competing beneficiaries, years of care and money put into estate assets — with an answer to any estrangement argument.
Evidence Schedule
A numbered, dated list of the will, medical reports, invoices and care records that support the claim.
Mediation and a Response Deadline
An offer to mediate and a fixed number of days to respond — converting the letter into a claim the estate must deal with.
How to Create Your Claim Notice
Five steps from the will you were left out of to a notice the estate cannot ignore.
- 1
Select the State or Territory
Pick where the estate is administered — usually where probate is or will be granted. Every rule in the letter follows from this choice.
- 2
Identify the Estate and the Executor
The deceased, the date of death, whether probate or administration has been granted, and the executor, administrator or estate solicitor you are writing to.
- 3
State Your Claim
Your relationship to the deceased, the provision you seek, and briefly why what the will gives you is not adequate.
- 4
Build the Expert Case
Eligibility facts and any dependency the statute requires, your financial position and needs, the competing beneficiaries, your contributions and care, and the documents that prove it.
- 5
Send It and Diarise the Deadline
Send the notice to the executor (and the estate's solicitor), keep proof of delivery, and diarise the calculated deadline — the Supreme Court application must be filed within it.
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Legal Considerations
Eight jurisdictions, eight sets of rules — the State of the estate decides everything from your eligibility to your deadline.
This template provides general information for potential claimants against Australian deceased estates and is not legal advice. Family provision claims are decided on detailed financial and relationship evidence, and costs rules differ by State. Time limits are strict and extensions are discretionary — if a deadline is near, see an Australian succession lawyer immediately. Many firms act on a no-win-no-fee basis for strong claims.
Reviewed for Australian succession law (8 jurisdictions)
The Time Limits — State by State
In <strong>New South Wales</strong> the application must be made within 12 months of the date of death (Succession Act 2006 (NSW)). In <strong>Queensland</strong>, proceedings must start within 9 months of the death — and written notice must reach the executor within 6 months. In <strong>Victoria</strong>, <strong>Western Australia</strong>, <strong>South Australia</strong> and the <strong>ACT</strong>, the limit is 6 months from the grant of probate or administration. In <strong>Tasmania</strong> it is just 3 months from the grant — the shortest in Australia. In the <strong>Northern Territory</strong> it is 12 months from the grant. Courts can extend time in limited circumstances, generally only while the estate is undistributed — which is why the do-not-distribute request matters.
Who Is Eligible — and Where
A spouse, de facto partner and child are eligible in every Australian jurisdiction. Beyond that, the States diverge: New South Wales includes former spouses, dependent grandchildren and household members, and people in a close personal relationship; Victoria's list was narrowed in 2014 and several categories must prove dependency; Tasmania confines claims largely to spouses, children, maintained former spouses and (where there is no spouse or child) parents; South Australia's Succession Act 2023 narrowed eligibility from 1 January 2025 and made the deceased's wishes the primary consideration. The notice states the classes for your selected State.
The Two-Stage Test (Singer v Berghouse)
The High Court of Australia's framework in Singer v Berghouse (1994) governs nationwide: first, was the applicant left without adequate provision for their proper maintenance, education and advancement in life, judged against their financial position, needs and the size of the estate; second, if so, what provision ought to be made. Vigolo v Bostin (2005) confirms that moral duty and moral claim — years of care, contributions to estate assets, the strength of the relationship — properly inform the evaluation.
NSW Notional Estate — A Unique Weapon
New South Wales alone allows the Supreme Court to make notional estate orders: property the deceased gave away within 3 years of death (or that has already been distributed) can, in defined circumstances, be clawed back to satisfy a family provision order. In every other Australian jurisdiction, assets that left the estate before death are generally beyond reach — another reason the governing State changes the strategy, not just the paperwork.
Related Australian Templates
If the family reaches agreement, our deed of family arrangement varies the estate's distribution by consent — settling the claim without a hearing and preserving the CGT death rollover. Our last will and testament and testamentary trust will help testators structure estates that do not invite claims, and our settlement deed documents broader dispute resolutions.
Frequently Asked Questions
The Right Act, the Right Court, the Right Deadline
Create your family provision claim notice in minutes — the correct framework for any Australian State or Territory, your deadline calculated, and the do-not-distribute request on the record. Download the PDF free, or unlock Expert for the eligibility, financial need, contribution and evidence sections that get estates settling.
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