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.