Under section 41 of the Succession Act 1991(QLD) persons who can make an application for family provision are as follows:
i) The deceased persons spouse, including married spouse and de facto.
ii) A child, including any stepchild or adopted child of the deceased.
iii) A person wholly or substantially maintained or supported by the deceased.
Most people do not realise that a deceased stepchild is eligible to make a claim and the death of the deceased will not change the fact that the step child is eligible to make a claim.
A claimant should give notice to the executor within six (6) months from the date of death because if the executor does not have notice of claim within six (6) months, the executor may distribute the entire estate.
After giving notice of intention to make a claim, the claimant then has nine (9) months from the date of death to file a court application and supporting affidavit.
In relation to Family Provision Claims, we operate on a NO WIN NO FEE basis.
The size of the estate will make a difference as the Court considers the size of the estate as one of the factors in determining how much to pay to any claimant. If an estate is of the value of $300,000.00 or less, then we would not accept instructions in relation to that matter.
The Supreme Court requires that both parties attend mediation prior to going to Court, and most matter are settled at mediation. Prior to attending mediation however, the parties are obliged to file complete and detailed affidavits in relation to their personal affairs.
The affidavits will normally deal with the personal details of the claimant, financial details, health details, dependants, and conduct. These will also apply to the claimant’s spouse.
Normally all of these matters are supported by way of some sort of documentation.
Depending upon the conduct of the other party, a claim could take between six (6) months to eighteen (18) months.
It’s difficult to estimate how much a claimant will receive until we have all the information, including the information to be provided by the executor of the estate.
i. Information about the estate. For example, what real estate does the estate own, what bank accounts, what motor vehicles etc.
ii. Are you an eligible claimant? For example are you a child or spouse etc.
iii. When did the deceased pass away.
iv. Personal information for you and your partner including your full name, address, date or birth, occupation, your weekly income, your training and qualifications.
v. Details of assets and liabilities such as real estate, bank accounts, superannuation, shares, vehicles, mortgages, credit cards, debts and loans.
vi. Details about you and your partners health, such as medical conditions suffered, hospitals and doctors attended, details of surgery.
vii. Details about any dependants such as elderly parents or minor children.
viii. Details about conduct. This would include both negative and positive conduct. For example, if the deceased had paid to a child $50,000.00 during their lifetime then this should have an impact upon how much they would receive by way of Family Provision Claim. Similarly, if a child was to spend a significant period of time looking after their elderly father then such conduct should entitle them to more in any Family Provision Claim.
Address: Unit 3, 9 East Street, Caboolture, QLD 4510
Phone: 1300 209 997
Email: info@cattonroderick.com.au
Caboolture – Mon to Fri - 9am to 5pm - Closed Sat, Sun,
Redcliffe – Tues to Fri – 9am to 5pm - Closed Sat, Sun, Mon
Sunshine Coast - By Appointment Only
Content, including images, displayed on this website is protected by copyright laws. Downloading, republication, retransmission or reproduction of content on this website is strictly prohibited.
Copyright © 2025, Website design and hosting by Smart Local