Super and Family Provision NSW: One will, four marriages, and a child left out

Evans v Evans [2025] NSWSC 1263: a $90,000 family provision settlement funded by superannuation, and the four marriages that nearly held up its approval.

What happened

Colin Norman Evans died in February 2024, aged 62.  He had been married four times.  His will, made on 4 July 2023, left his estate to Cherrie, his widow.

Jordyn Evans, one of Colin's children, applied for family provision.  As a child of the deceased, Jordyn did not need to prove any special connection or dependence to bring the claim.  Children are automatically eligible under the Succession Act 2006 (NSW).

Colin's probate estate was modest and did not hold enough available money to fund the provision the parties agreed on.  Most of his wealth sat in a superannuation pension account, which normally falls outside the estate a will can deal with.  The parties asked the court to treat part of that superannuation as notional estate, a mechanism that lets the court reach money and property outside the formal estate where the statutory requirements are met.

They agreed Jordyn would receive $90,000.

Why the settlement nearly stalled

Because the parties had agreed, the court did not need to hold a full contested hearing on Jordyn's needs.  Instead, the court's job was to check that the deal was appropriate, and that everyone who might have a competing claim on the estate knew about it before any money was reallocated.

That is where the problem surfaced.  Jordyn had not told any of Colin's three former wives that the case was happening.  Former spouses are among the people the Succession Act recognises as potentially entitled to bring their own family provision claim, and the court would not approve a settlement without knowing they had been given the chance to speak up.

Cherrie's solicitors then had to track all three women down.  None of this meant the former wives had strong claims of their own.  It meant they were entitled to know their late husband's estate was being divided before it happened, so they could decide for themselves whether to act.

Why this matters if your family has a complicated history

Blended families, multiple marriages, and estranged relatives are common, and this case is a useful illustration of how the law handles them.

A will naming one spouse does not automatically exclude former spouses, stepchildren, or other family members from the process.  If you are administering an estate with a complicated relationship history, or if you think you might have a claim the executor has not accounted for, that history needs to be dealt with properly before any settlement is finalised, not worked around.

The court also made clear that a modest estate is not necessarily the end of the story.  Money held in superannuation, a share of jointly owned property, or assets given away before death can sometimes still be reached through the notional estate laws, even though none of it forms part of the will.

How we can help

You do not need to work out whether you have a claim before you call us. That is our job.

We can tell you whether you are an eligible person. That is the law's term for someone allowed to bring this kind of claim. We can find out what the estate actually holds. That includes superannuation, property held in other names, and money given away before death. We can explain what a claim would cost you, and where those costs would come from. We deal with the executor and their solicitors, so you do not have to.

Most family provision claims in New South Wales settle at a mediation. That is a meeting where both sides try to reach an agreement without a hearing. Very few claims reach a full hearing. We will also tell you honestly if we think a claim is not worth running. A weak claim can leave you worse off than doing nothing.

Call us before twelve months have passed since the date of death. If that date has already gone, call anyway. A late claim needs the Court's permission, and delay is one of the things the Court weighs.

We also act for executors and beneficiaries who are defending claims. We run a conflict check before we advise anyone. Please call us rather than sending the details of your matter through the website.

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Disclaimer

This article is general information about the law of New South Wales as at 27 August 2026. It is not legal advice, and reading it does not create a solicitor and client relationship with Dormer Stanhope. It does not take your circumstances into account, and the law in other States and Territories differs. The law also changes. If you have been left out of a Will, or you believe the estate holds less than the deceased's real wealth, speak to a solicitor about your own position.