What does the court consider before making Family Provision Orders?

Australian Capital Territory
New South Wales
Northern Territory
South Australia
Western Australia

The court may consider the following factors

⚖️ 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; and

⚖️ Any other matter the court may consider as relevant.


This FAQ was prepared by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

Important Notice:

This FAQ is intended for general interest + information only.

It is not legal advice, nor should it be relied upon or used as such.

We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.