Who can make a family provision claim?

• Entitlement to make a family provision claim is based on the relationship the person making the claim had with the deceased person.
• Generally speaking if the deceased person was a parent or a spouse or de-facto partner at the date of their death their child or partner will be eligible to make a family provision claim.
• However this is no guarantee that they will be awarded provision from the estate.
• The court must examine all the circumstances before it will decide whether to award provision to the claimant.
• These circumstances include:
  • the size of the estate;
  • the other beneficiaries and their need for provision;
  • the relationship between the claimant and deceased; and
  • the claimant’s need for provision.
• If you are thinking about making a family provision claim you can use our Fixed Fee Quote service to call for tenders from experienced lawyers who may be able to assist you with this.