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    How to choose the right lawyer?
    June 17, 2020
    Time limits on Family Provision Claims
    June 18, 2020
    Published by Rachel Carter at June 18, 2020
    Categories
    • Estate Disputes
    • Estate Law
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    (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 .

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    Rachel Carter
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