An eligible applicant must make a claim within 6 months from the date of the grant of Probate or Letters of Administration.

Under section 7 of the Family Provision Act 1972, the following people are classified as eligible applicants for a family provision claim:

  • Spouse: a person who was married to the deceased as at the date of death.
  • Defacto Partner: one of two persons who are living together as a couple in a marriage-like relationship, irrespective of gender. The defacto partner must have lived with the deceased for at least 2 years prior to the deceased’s death.
  • A Dependant Former Spouse or Defacto Partner: a former husband, wife or defacto partner of the deceased who was, at the time of death, receiving or entitled to receive maintenance from the deceased.
  • Child: any child of the deceased, including an adopted or illegitimate child who was living as at the date of death or was born within 10 months of the date of death.
  • Stepchild: a child of the spouse of a deceased including a defacto spouse. Under the Act, there are limited circumstances in which a stepchild can claim.
  • Grandchild: the grandchild or illegitimate grandchild of the deceased who was either wholly or partly maintained by the deceased as at the date of death.
  • Parent: the parent of a deceased may be eligible if the relationship between the parent and the deceased is admitted or established during the lifetime of the deceased.