Since 1977, PK Simpson has been helping families across NSW navigate complex life insurance claims and estate disputes. With over 25,000 successful cases, our experienced contested wills lawyers understand how life insurance policies can significantly impact your family provision claim or inheritance rights.
At times, a deceased may have made a separate nomination for a specific beneficiary for that policy.
This means that the policy will not form a part of the deceased’s estate, and the beneficiaries of the will (along with anyone claiming Family Provision) will not receive any benefit from the policy.
12-Month Family Provision Deadline
Under the Succession Act 2006 (NSW), family provision claims must be filed within 12 months of the deceased’s death. Life insurance policies with binding death benefit nominations bypass the estate entirely, making it crucial to identify these policies early when considering a family provision claim.
Including Insurance Policies in the Estate
However, there may be ways in which the policy can instead be included as part of the estate. This is a complicated area of law, and so we advise that you seek legal advice from those with extensive experience in contested wills law. If you are a beneficiary of a will, or are intending to file a family provision claim, our lawyers will be able to advise you on how to best proceed, ensuring the best outcome for you.
Types of Life Insurance Nominations
Life insurance policies may have binding nominations (which must be followed by the trustee), non-binding nominations (where the trustee has discretion), or no nomination at all. Our NSW estate disputes team can investigate whether nominations are valid, current, or have lapsed, and advise on strategies to include insurance proceeds in your family provision claim where appropriate.
How We Can Help
We are also unique in offering No Win – No Fee service in the area of contesting wills. We are dedicated to helping you achieve the best outcome, guiding you through every step of the process.
Our Surry Hills, Sydney office serves clients across NSW including Sydney, Parramatta, Newcastle, and Wollongong. If you believe a life insurance policy should form part of an estate, or if you’ve been unfairly excluded from a binding nomination, our will disputes lawyers can assess your options during a free initial consultation.
So give us a call today on 1300 757 467 to set up a free initial consultation.