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.
Ensuring fair support.
Family provision applications allow eligible individuals to seek financial provision from a deceased person’s estate if they believe the will does not adequately provide for them.
These applications can cover spouses, children, and other dependents. The process is designed to ensure fairness and take into account the applicant’s needs and the deceased’s intentions. Professional guidance can help navigate this complex area of law with confidence.
What is a family provision application?
Family provision applications are made under state and territory legislation, such as the Succession Act 1981 (Qld). The court considers factors including the applicant’s financial needs, contributions to the deceased, and the size of the estate.
These applications can be made by spouses, children, de facto partners, or other dependents who feel they have not been adequately provided for. The court seeks to balance fairness to the applicant with respect for the deceased’s intentions.
We’re here to help
Moore Lawyers assists clients in preparing and submitting family provision applications, providing clear advice on eligibility, potential outcomes, and strategic considerations. We guide clients through negotiations or court proceedings while protecting their legal rights.
We also assist executors and beneficiaries who may be responding to a claim, helping them understand their responsibilities and options under Australian law. Our goal is to resolve matters efficiently, fairly, and with minimal stress for all parties.
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Frequently asked
questions
Who can make a family provision application?
How does the court decide a family provision application?
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.
Can family provision applications be settled without going to court?
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.
Is there a time limit to make a family provision claim?
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.