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,
- registered partner and
- the testator’s dependant former spouse or registered partner;
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.