Family Provision Claims: Have you been left out of a Will?

Dying without a Will, known as dying intestate, doesn’t automatically prevent a family provision claim. If the statutory-legal distribution of assets doesn’t recognise your relationship or dependency on the deceased person, you may still be eligible to challenge that distribution. This is especially important in cases involving de facto partners, stepchildren, or other close relationships not covered by intestacy laws.

Yes, both can be eligible. However, you’ll need to prove the nature of the relationship. In Queensland, NSW, for instance, stepchildren can bring a claim if they were dependent on the deceased and a member of the same household. In Victoria, de facto partners must show they were living with the deceased person in a genuine domestic relationship for at least two years or resulted in the birth of a child who is a minor at the date of death.

Each case is unique. The strength of the relationship, financial interdependence, and level of support received are all considered.

Being financially reliant strengthens your position. Courts take dependency seriously, especially when someone contributed to the household, cared for the deceased, or relied on them for essential support. That dependency might have been formal (for example, under a carer’s agreement) or informal, such as living under the same roof and receiving daily support.

Deadlines for family provision claims are strict. Extensions may be granted, and courts require compelling reasons before they will consider a late application.

Late applications can still proceed, but only with court approval. You'll need to show a valid reason for the delay. The longer the delay, the harder it becomes to succeed. Seeking advice early gives you the best chance to protect your rights.

Verbal promises can carry weight, especially if supported by witnesses or actions that back them up. While Wills are written documents, courts do consider the broader picture, especially where there’s evidence of reliance on a promise.

Yes. If you believe the Will was invalid due to undue influence, fraud or lack of capacity, you may contest it. Separately, if you were left out or inadequately provided for, you may bring a family provision claim. These are distinct processes but can run in parallel.

The first step is to get legal advice as quickly as possible. Your lawyer will help you gather evidence of your relationship with the deceased, your financial circumstances, and any contributions you made to the estate.

Most claims begin with a formal letter to the executor and move to negotiation or mediation before any court involvement. Maurice Blackburn can guide you through each step, from initial advice through to resolution.