An eligible applicant must make a claim within 12 months from the date of death of the deceased.

Under section 57(1) of the Succession Act 2006, the following people are classified as eligible applicants for a family provision claim:

Spouse: a husband, wife or defacto partner (including same-sex couples) of the deceased at the time of death.

Defacto Partner: two adults who live together as a couple and who are not married or related by family, irrespective of gender.

Child: a minor or adult child of the deceased including an adopted child and child of a defacto relationship.

Former spouse: a former husband or wife who was divorced from the deceased.

Grandchild: a child of the deceased’s child. A grandchild must show dependency or partial dependency on the deceased during their lifetime.

Member of household: any person who was a member of the household of the deceased at some time, can apply. A member of a household will need to show dependency.