Under the Succession Act 1981 (Qld), an eligible spouse, child or dependant of a deceased person can contest a deceased estate/will for proper maintenance and support by commencing an action in court known as a “family provision claim”.
Under the Succession Act 1981 (Qld), an eligible spouse, child or dependant of a deceased person can contest a deceased estate/will for proper maintenance and support by commencing an action in court known as a “family provision claim”.
On such an application, the court will exercise its discretion to make such provision as the court thinks fit and proper out of the deceased estate for the applicant.
In exercising its discretion, the court will consider the following factors:
An eligible person, such as a spouse, child or dependant of a deceased person can make a claim for provision. each of these is defined below:
A family provision claim can be made in Queensland if the deceased was living in Queensland at the time of their death and/or the deceased owned real estate in Queensland.
Family provision claims must be brought within nine months of the death.
The court has unfettered discretion to consider any factor(s) it considers relevant to determine what would be an adequate provision in each case. The key factors generally taken into account are:
If a claimant’s application for provision has good merit and the claimant is successful in their application, the court is likely to make an order for costs to be paid by the estate.
If, however, an application lacks merit, or if a beneficiary’s application for additional provision is unsuccessful, the court may make a costs order against such applicants.
If you are involved in a family provision claim and need advice or representation, one of our experienced team of solicitors will be happy to help you.
Contact Gibbs Wright Litigation Lawyers today for a confidential initial consultation to explore your legal options and rights.
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