Who can claim in South Australia qualifications eligible

This is a simplified list of people who can claim in South Australia, with the name of the legislation (the Act) .

If you have any questions contact us here at CWPL. 

Who can apply for provision from deceased’s estate in  South Australia

Inheritance (Family Provision) Act 1972

6—Persons entitled to claim under this Act

The following persons are, in respect of the estate of a deceased person, entitled to claim the benefit of this Act:

    (a)     the spouse of the deceased person;

    (b)     a person who has been divorced from the deceased person;

   (ba)    the domestic partner of the deceased person;

    (c)     a child of the deceased person;

    (g)     a child of a spouse or domestic partner of the deceased person being a child who was maintained wholly or partly or who was legally entitled to be maintained wholly or partly by the deceased person immediately before his death;

    (h)     a child of the child of the deceased person;

     (i)     a parent of the deceased person who satisfies the court that he cared for, or contributed to the maintenance of, the deceased person during his lifetime;

     (j)     a brother or sister of the deceased person who satisfies the court that he cared for, or contributed to the maintenance of, the deceased person during his lifetime.

Disclaimer: The contents of this site are for your information and are not legal advice. You should not rely on the contents but get legal advice from a lawyer, in the light of your own specific needs and tailored to your own personal situation. Liability limited by a scheme approved under Professional Standards Legislation.

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Victoria

  • Most people claiming through CWPL are linked to the deceased person by being:
    A spouse/ de-facto partner at the date of death
  • A child (including an adopted child), step child, a person who was treated by the
    deceased as their child and who thought that the deceased was their parent, or
  • Certain members or former members of the deceased’s household

For the precise definitions and a list of the additional categories of people who can be
eligible to claim in Victoria, call Terry Johansson (link)
CLICK HERE FOR THE FULL LIST

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