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.
I’m John Gallagher from Argon Law and I
would like to tell you a little more about
such applications which are known as Family
Provision Applications.
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 dependant you must have been
wholly or substantially maintained or supported
by the deceased
And 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.
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