An eligible applicant must make a claim within 3 months from the grant of representation.
- Under section 3A of the Testator’s Family Maintenance Act 1912, the following people are classified as eligible applicants for a family provision claim:
- Spouse: a husband, wife or defacto partner (including same sex partners) of the deceased at the time of death. Also includes a former spouse or partner to a significant relationship.
- Partner to a significant relationship: where two adults have a relationship as a couple, including same sex couples, and are not married to each other or related by family.
- A former spouse or partner to a significant relationship: a former husband or wife who was divorced from the deceased and at the time of death was either receiving or entitled to receive maintenance from the deceased. A former partner to a significant relationship can also apply if they were either receiving or entitled to receive maintenance from the deceased.
- Child: a minor or adult child of the deceased including a stepchild and adopted child. Stepchild: a child of the current spouse of the deceased. This also includes children of a current defacto or same-sex spouse.
- Parent: the parent of a deceased may commence a claim for provision if the deceased died without a spouse or child.