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Family Provision claim – factors considered

Before making an order, the Court will consider the following:

  • the relationship between the applicant and the deceased person
  • any obligations or responsibilities owed by the deceased person to the applicant
  • the value and location of the deceased person’s estate
  • the financial circumstances of the applicant, including their current and future financial needs
  • whether the applicant is financially supported by another person
  • whether the applicant has any physical, intellectual or mental disabilities
  • the applicant’s age
  • any contribution made by the applicant to increase the value of the estate
  • whether the deceased person has already provided for the applicant during their lifetime or from the estate
  • whether the deceased person provided maintenance, support or assistance to the applicant
  • whether any other person is responsible to support the applicant
  • the applicant’s character
  • any applicable customary law if the deceased was Aboriginal or Torres Strait Islander
  • any other claims on the estate
  • any other matter the court may consider as relevant.

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