Parramatta City Legal Secures Record Family Provision Payout

Our firm recently acted for the plaintiff in a significant family provision claim before the Supreme Court of New South Wales in El-Bayeh v El-Bayeh [2025] NSWSC 1177, where judgment was handed down on 8 October 2025. We are pleased to have secured an excellent outcome for our client, reaffirming our firm’s strong expertise and commitment in estate litigation and family provision matters.

The case

The proceedings arose from a dispute concerning the adequacy of provision made for an eligible person under a deceased estate. As is often the case in family provision claims, the matter involved complex family dynamics, competing claims by beneficiaries, and careful consideration of the deceased’s intentions alongside the plaintiff’s financial circumstances and future needs.

The deceased, who died in April 2023 with a substantial net estate, left significant wealth to immediate family members and other beneficiaries, but made no provision for our client, an adult sibling who had lived with and been materially dependent on the deceased throughout childhood and well into early adulthood. The Will provided generous distributions to daughters, a small legacy to another sibling, and the considerable residual to the executor/defendant.

Our client, with limited financial resources and no real property of his own at the time of the deceased’s death, brought an application under section 59 of the Succession Act 2006 (NSW), asserting that the will failed to make adequate, just and proper provision.

The Supreme Court was required to assess whether the provision made under the will was adequate, proper and just, having regard to the statutory factors under the Succession Act 2006 (NSW).

Our approach

From the outset, we adopted a strategic and evidence-focused approach. This included:

• conducting a detailed analysis of the estate structure and competing interests.
• preparing comprehensive evidence addressing the plaintiff’s financial position, needs and contributions.
• advancing clear and persuasive submissions grounded in established Supreme Court authority.
• Rebutting the executor’s asserton that our client was not eligible to make a claim.
• Identifying and tracking down the court transcript in previous Supreme Court proceedings involving the Deceased which proved critical Court’s final determination.
• navigating the emotional and sensitive nature of the dispute with care, discretion and professionalism.

The outcome

The Court ultimately accepted our client’s position and made orders for provision in an amount that was life-changing for our client. The decision represents a strong result in circumstances where family provision claims are often vigorously contested.

Why This Case Matters

This case demonstrates several important legal principles — and highlights our firm’s capability to navigate them successfully:

✔ Complex eligibility questions: We effectively presented and framed evidence demonstrating long-term dependency and qualifying household relationships.

✔ Detailed factual advocacy: Our preparation encompassed both historical context and contemporary financial need — crucial to persuading the Court of moral and equitable obligation.

✔ Strategic litigation: We managed settlement negotiations and trial strategy that culminated in an optimal result for our client in challenging circumstances.

✔ Understanding of estate valuation and contribution: In high-value cases, nuanced analysis of how wealth was generated and shared is often decisive — and this case was no exception.

Our Commitment

Estate and family provision claims can involve deeply personal histories, complex legal thresholds and emotional sensitivities. Our team applies rigorous legal reasoning, comprehensive evidence preparation and empathetic client support to achieve outcomes that not only reflect legal rights but also respect the lived realities of those we represent.

If you are considering a claim for further provision from an estate — or are facing contentious estate litigation — our experienced team can provide strategic, tailored advice and representation. Contact us for a free initial consultation in confidence.