In New South Wales the law that governs family provision claims is found under Chapter 3 of the Succession Act.
While each state has relatively minor eligibility and procedural hurdles, the main differentiator between New South Wales and the rest of the country is the inclusion of something called ‘notional estate‘.
This page refers to contesting a will under family provision law. This is where you argue that the will is unfair, as opposed to invalid.
If you think a will should be invalid – if, for example, the will-maker did not know what they were signing – see Probate.
Read moreUnlike other Australian states, Victoria does not have a pre-determined list of eligible applicants for the purposes of family provision claims.
In Victoria, while a deceased person still has a moral duty to provide for a surviving spouse or child who can demonstrate a need for provision, that moral duty is not restricted to family members, but embraces claimants who, although not related to the deceased, can still demonstrate a moral claim to the estate.
Read moreIn Queensland the two main differences between other states is in the limitation period and eligibility.
Unlike other states, Queensland includes step-children in the definition of ‘children’ under circumstances where a biological parent was still married to a step-parent upon their death. Its inclusion opens up the category of eligible people in a hotly contested area by recognising stepchildren.
There is an additional procedural requirement whereby notice to the executor of your intention to contest the will must be given within six months of the date of death.
General criteria can be found in Part 4 of the Succession Act 1981.
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