Family Provision Applications

If you are not happy with the provision you received (or did not receive) from an individual’s estate, you may be entitled to make a claim for further provision.

Six classes of applicants are entitled to make a claim for provision

• Husband or wife
• De facto partner at date of death
• Children of the deceased
• Former husband or wife
• A person who was, at any particular time, wholly or partly dependent on you, and, who is your grandchild or at any particular time a member of the household of which the deceased was or formerly was a member
• A person who was in a close personal relationship with the deceased.

If you think you may have a claim on a person’s estate, need protection from the above claimants when drafting your will we would be pleased to assist you.

The court can consider:

• The relationship with the deceased and any obligations or responsibilities the deceased owed to you
  
• Your financial circumstances, including future needs
• Any physical, intellectual or mental disabilities
• Whether the deceased provided maintenance, support or assistance to you at any time
• Your age and character
• Any contribution made to you increase the value of the estate
• Whether the deceased person has already provided assistance during their lifetime or from the estate
• Whether any other person is responsible for support
• Any other claims on the estate, and any other matters the court considers as relevant