Family Provision Applications

Eligible applicants vary by state but generally include spouses, de facto partners, children, and dependents. Australian law outlines who can apply and the conditions that must be met for the court to consider a claim.

The court considers factors such as the applicant’s financial needs, contributions to the deceased, other available resources, and the size of the estate. The deceased’s intentions, as expressed in their will, are also taken into account.

Yes. Many claims are resolved through negotiation or mediation before litigation. Out-of-court settlements can reduce costs, avoid lengthy proceedings, and preserve relationships where possible.

Yes. In Queensland, a family provision application generally must be made within 9 months of the grant of probate or letters of administration under the Succession Act 1981 (Qld). In exceptional circumstances, the court may allow an application to be made after this period, but it is important to seek legal advice promptly to ensure your rights are protected. Acting early also helps avoid unnecessary delays and increases the likelihood of a fair outcome.