Contesting a Will

The following eligible persons may apply to the Court for a Family Provision Order in respect of the estate of a deceased person:

• A person who is the wife or husband of the deceased at the time of the deceased person’s death.
• A person with whom the deceased person was living in a de facto relationship at the time of the deceased person’s death.
• A child of the deceased person.
• A grandchild of the deceased person or a person who is a member of the household of the deceased person and who was wholly or partly dependent upon the deceased person.
• A former wife or husband of the deceased person.
• A person with whom the deceased person was living in a close personal relationship at the time of the deceased persons’ death.

When a claim is made, the Court will consider the following factors:

• The relationship between the applicant and the deceased.
• The nature and extent of any obligations owed by the deceased to the applicant.
• The nature and extent of the deceased person’s estate.
• The financial resources both present and future of the applicant and other beneficiaries.
• The final circumstances of the applicant’s spouse or partner.
• Any physical, intellectual or mental disability of the applicant or other beneficiary.
• The age of the applicant.
• Any contribution to the state or welfare of the deceased person for which adequate compensation was not received by the applicant.
• Any provision made for the applicant during the deceased’s lifetime or from their estate.
• Any evidence of testamentary intention of the deceased.
• Whether the applicant was being maintained by the deceased person before their death.
• Whether any person is liable to support the applicant.
• The character and conduct of the applicant before and after the death of the deceased person.
• The conduct of any other person before or after the date of death.
• Any other relevant factor.