A family provision claim can be made against a deceased estate where that person claims they have not received adequate provision in the will.

People who are eligible to make a claim include

• spouse of the deceased (including defacto spouse)
• former spouse
• child/children
• a person who was at any particular time wholly or partly dependant on the deceased*
• a grandchild of the deceased person or who was a member of the household of which the deceased was a member*
• a person with whom the deceased was in a close personal relationship with at the time of death*

*For these claims, the court must be satisfied there are also ‘factors warranting’ a grant of provision.

We can provide our advice regarding eligibility based on your particular circumstances.

We can act for a person making a claim for provision as well as act on behalf of estates defending a claim.