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Family Provision Applications

When someone dies, leaving an estate in Queensland, there are certain people who have the right to apply to the courts over how the assets are distributed from the estate.

You can only bring such an application if you are a spouse of the deceased or a dependant of the deceased. 

Just because you're able to bring such an application does not mean your application will be approved. The question the court asks is, "Has adequate provision been made for your proper maintenance and support?" 

There are no set conditions that constitute these provisions as adequate, it's simply based on details within the individual case. 

Some of the things courts do take into consideration are: The financial position, age and capacity of the applicant. The size and make-up of the deceased estate. The relationship between the deceased and the applicant and the deceased and other beneficiaries.

More Information

When someone dies leaving an estate in Queensland, there are certain people who have the right to apply to the courts for an order to change the way assets are to be distributed from the estate.

You can only bring such an application if you are:

  • a spouse of the deceased (including a defacto);
  • a child of the deceased (including a step-child);  or
  •  a dependant.

To qualify as a dependant you must have been wholly or substantially maintained or supported by the deceased.

You must also be under 18 years of age, a parent of the deceased or a parent of a child of the deceased.

But just because you are able to bring an application doesn’t mean you’ll be successful.

The question the court asks is “Has adequate provision been made for your proper maintenance and support?”.

There are no set rules about what is adequate or proper.  It very much depends on the facts in each case.

Some of the things that courts do take into consideration are:

  • the financial position, age and capacity of the applicant and of all other potential beneficiaries;
  • the size and make-up of the deceased’s estate;
  • the relationship between the deceased and the applicant and between the deceased and other beneficiaries.

If you feel you might have a claim then remember there are strict time limits that apply, so speak to your lawyer immediately.

If you have any queries about this or any other aspect of estate planning then please contact us on 07 5443 9988 or[email protected].

Argon Law is a Sunshine Coast law firm based in Maroochydore.  We are commercial lawyers and property lawyers and are eager to assist you in any way we can.

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