Family Provision Applications
When someone dies, leaving an estate in Queensland, there are certain people who have the right to apply to the courts over how the assets are distributed from the estate.
You can only bring such an application if you are a spouse of the deceased or a dependant of the deceased.
Just because you're able to bring such an application does not mean your application will be approved. The question the court asks is, "Has adequate provision been made for your proper maintenance and support?"
There are no set conditions that constitute these provisions as adequate, it's simply based on details within the individual case.
Some of the things courts do take into consideration are: The financial position, age and capacity of the applicant. The size and make-up of the deceased estate. The relationship between the deceased and the applicant and the deceased and other beneficiaries.
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