Are you an eligible person?

(1) The following are
“eligible persons” who may apply to the Court for a family provision order in respect of the estate of a deceased person:

(a) a person who was the spouse of the deceased person at the time of the deceased person‘s death,

(b) a person with whom the deceased person was living in a de facto relationship at the time of the deceased person‘s death,

(c) a child of the deceased person,

(d) a former spouse of the deceased person,

(e) a person:

(i) who was, at any particular time, wholly or partly dependent on the deceased person, and

(ii) who is a grandchild of the deceased person or was, at that particular time or at any other time, a member of the household of which the deceased person was a member,

(f) a person with whom the deceased person was living in a close personal relationship at the time of the deceased person‘s death.

Note : Section 60 sets out the matters that the Court may consider when determining whether to make a family provision order, and the nature of any such order. An application may be made by a tutor (within the meaning of the Civil Procedure Act 2005 ) for an eligible person who is under legal incapacity.

Note : “De facto relationship” is defined in section 21C of the Interpretation Act 1987 .