What does the court consider before making Family Provision Orders?

Australian Capital Territory
New South Wales
Northern Territory
Queensland
South Australia
Tasmania
Victoria
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.

Credits:

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.