The Family Provision laws in each State and Territory enable Will Dispute claims to be made by those who are connected to the deceased but did not receive “reasonable financial provision” from the estate of the deceased via a will or intestacy.
The laws of the Claim State set out the laws applicable to your claim. The Claim State is usually the State in which the deceased lived.
For all States and Territories except Victoria, various categories determine whether you qualify to make a claim, and each State has different categories. In order to make a claim, you need to have had a relationship with the deceased.
Some examples of the types of relationships with the deceased that the courts may recognise are:
- their wife or husband
- a person who was living with them as a defacto spouse
- their same-sex partner
- their (divorced) former wife or husband, or a former defacto spouse
- their child, or a child of a defacto spouse, certain step children
- their grandchild
- the parent of a child of the deceased
- their parent
- their brother or sister
- a person who was partly or wholly maintained by the deceased
- a person in certain close personal relationships at the date of death.
- a person who has acted as a carer
If Victoria is the Claim State, you do not need to fit into a particular “category”. However, you still must establish that the deceased had a responsibility to provide for you, and that they failed to adequately provide for you on their death.
The above list is only a general guide to the different categories that may apply in each State. Not all of the categories apply in each State.
Find out if you qualify
Call CWPL to find out whether you fit within the required categories of the particular Claim State that applies to you.
Making a claim
Claims must be made within a time limit depending on the Claim State. Some time limits are as short as 3 months from the grant of Probate or Letters of Administration, so you should not delay taking action.
We can often commence a late application for you, as the court has the power to allow claims out of time.
Please complete the form below to see if you can make a claim under the applicable laws. We will contact you.
Alternatively you can send us an email, arrange a callback, or talk to someone now by phone.
Important: By sending this information to us, you are not commencing a claim. Upon receipt we will contact you and advise you whether we believe you can make a claim, and we will commence a claim for you if we have we recommend that you make a claim, and we agree to do so. You should not assume that a claim has been made until we advise you that we have commenced a claim in the court for you.
Make a claim form
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