Services
LOOKING FOR INFORMATION ON MAKING A FAMILY PROVISION CLAIM IN NSW? CLICK HERE

Schedule your own 30 minute free consultation directly into our calendar

MAKING A FAMILY PROVISION CLAIM IN QLD

Claimants must act swiftly as there are stringent deadlines for family provision claims.

Statutory limitations periods apply to making a claim and differ in each State or Territory.

Individuals who feel they have not received fair support from a Will or intestacy can file a family provision claim, provided they meet the criteria defined by law.

In Queensland, “eligible persons” who can request a family provision order from the Court include:

  • Spouses: This encompasses husbands, wives, de facto partners, civil partners, or dependent ex-spouses
  • Children: This covers the deceased’s biological children, stepchildren, and adopted children
  • Dependents: This term refers to the deceased’s parents, parents of the deceased’s minor children, or any minor supported mainly by the deceased at their time of death

In Queensland, the executor or administrator must be informed in writing of the intent to claim within six months of the death, and the claim must be lodged in Court within nine months

This underscores the importance of consulting a specialised lawyer who can evaluate your case, advise on its merits, and provide a clear understanding of potential outcomes, including cost implications, from the outset.

For considered, competent advice, contact the team at Champion Contested Wills today!

5s

The Court may permit late applications at its discretion. Applicants must justify the delay, showing no prejudice to beneficiaries and that the estate is unaltered.

Eligibility confirmation leads to a two-part legal test for family provision applications:

  • Assessing if the applicant’s maintenance, education, and life advancement needs are unmet by the Will or intestacy (a factual determination with inherent value judgments)
  • Determining the appropriate estate provision for the applicant (a discretionary decision)

The Court may permit late applications at its discretion. Applicants must justify the delay, showing no prejudice to beneficiaries and that the estate is unaltered.

Key factors for the Court's discretion include:

  • The reason for the delay
  • Any prejudice to beneficiaries
  • Whether the estate is undistributed
Read about our process
GET IN TOUCH
WANT TO KNOW MORE ABOUT FAMILY PROVISION CLAIMS IN QLD?

Important Notice

This article is provided for general interest and informational purposes only. It contains general information and is not tailored to individual circumstances. It does not constitute legal advice and should not be relied upon as such. Always seek the advice of a qualified legal practitioner for specific legal advice tailored to your needs and circumstances. While every effort has been made to ensure the accuracy of the information at the time of writing, applicable laws may change.

Liability limited by a Scheme approved under Professional Standards Legislation.

Copyright © 2024 Author Champion Contested Wills

logo_icon-outline

Talk To Us Today

Let us help you create your Legacy your way or let us champion your cause. Book your free 30-minute telephone consultation today, or just call our Director on 0481 523 372 between 7am and 10pm (Monday to Friday) or email at info@championcontestedwills.com.au

For our Edgecliff and Parramatta offices 02 8324 7512 between 8am and 6pm (Monday to Friday)

For Queensland call 1300 229 180 between 8am and 6pm (Monday to Friday) 

GET IN TOUCH