Eligible Persons For Family Provision Claims

Under Section 3 of the Succession Act, eligible person is one that can make an application for a Family Provision Orders to the Court, in respect of the estate or notional estate of a deceased person to provide maintenance, education or advancement in life.

Under Section 57 of the Succession Act, the following persons are eligible to make claim:

(a)           surviving husband or wife of the deceased person;

(b)           a person who was living in a de-facto relationship with the deceased person;

(c)           a child of a deceased person, including an adopted child;

(d)           a former divorced husband or wife of the deceased;

(e)           a person who was:

(i)             wholly or partly dependent on the deceased person; or

(ii)            a member of the household of the deceased person.

(f)            a person who was in a close relationship with the deceased person.

Under the law, eligible people are able to make a claim on the following grounds:

(a)           if they were dependent on the deceased;

(b)           if the share of the deceased’s property is not adequate for their maintenance and support;

(c)           if the relationship between the deceased and the eligible persons began after the last Will was made;

(d)           if the Will does not provide enough for the eligible persons who were ex-partners or children from previous marriages or de facto relationships;

(e)           if the eligible persons believe that the Will is grossly unfair;

(f)            if the eligible persons can prove that the Will maker was not in sound mind when the Will was prepared;

(g)           if the eligible persons can prove that the Will maker was unduly influenced by one or more of the other beneficiaries of the Will; or

(h)           if the Will is not clear.

If you would like to discuss your Will, Probate, Estate Planning or Contested Estate with one of our solicitors, please do not hesitate to contact our office on 1800 600 664, or send a message by completing the contact form.

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