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- The deceased's spouse
- A de facto partner of the deceased, encompassing same-sex relationships
- The deceased’s child, including adopted children (excluding stepchildren unless they can prove dependency on the deceased)
- A former spouse of the deceased
- Anyone who was fully or partially dependent on the deceased at any time, such as a grandchild or a household member
- An individual in a close personal relationship with the deceased at their time of death. Note that a “close personal relationship” involves two adults living together, where one or both provide domestic support and personal care to the other
- While stepchildren are automatically eligible to apply for a family provision order in Queensland, this is not the case in New South Wales.
- However, a stepchild in New South Wales may still apply if they can show: (a) Dependency on the deceased at any time, such as for housing. (b) Membership in the deceased’s household at any time
- 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 reason for the delay
- Any prejudice to beneficiaries
- Whether the estate is undistributed
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.
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