Apr 29

Important developments in the law of Family Provision


Significant amendments to the provisions regarding persons eligible to make Family Provisions claims commenced on 1 January 2015. It applies to the estates of all persons dying on and from 1 January 2015. The categories of possible claimants are wider than in the previous regime but it also excludes a number of claimants previously included.

Eligibility is limited to the spouse and children of the deceased and to the other limited categories. Those other categories include grandchildren, registered caring partners and members of the deceased’s household. For certain categories of claimant, considerations for the court include the degree of dependency on the deceased at the date of death and the degree to which claimants are not capable of providing for themselves.

There are some significant changes to the definitions of a de facto (or domestic) partner – registered and unregistered.

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