Who can make a Family Provision Application?

The persons entitled to make a Family Provision Application are sometimes referred to as “eligible applicants” and are limited to:

1. the “spouse” of the testator, including:

  • a de facto partner,[1]
  • registered partner and
  • the testator’s dependant former spouse or registered partner[2];

2. a child of the deceased, including:

  • a natural child,
  • an adopted child and
  • a step child;

3. a dependant of the deceased, including:

  • a parent of the deceased person, or
  • a parent surviving child under 18 of a deceased person, or
  • a person under the age of 18 years, provided they were wholly or substantially maintained by the deceased at their death.[3]

[1] http://www.austlii.edu.au/au/legis/qld/consol_act/aia1954230/s32da.html

[2] http://www.austlii.edu.au/au/legis/qld/consol_act/sa1981138/s5aa.html

[3] http://www.austlii.edu.au/au/legis/qld/consol_act/sa1981138/s40.html