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Who is Eligible to make a Family Provision claim

A family provision claim can only be made by an ‘eligible person’.

An ‘eligible person’ includes:

  • the wife or husband of the deceased
  • a person who was living in a de facto relationship with the deceased (including same sex couples)
  • a child of the deceased (including an adopted child)
  • a former wife or husband of the deceased
  • a person who was, at any particular time, wholly (entirely) or partly dependent on the deceased, and who is a grandchild of the deceased or was at that particular time a member of the same household as the deceased
  • a person with whom the deceased was living in a close personal relationship at the time of the deceased person’s death. 

If you are unsure if you are an eligible person you should get legal advice.

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