Making a claim on an Estate

Making a claim on an Estate

Do you consider you have not received a fair share of a close family member’s estate and are considering making a claim on an Estate?

The Family Provision Act provides, if adequate provision for proper maintenance, support, education or advancement in life has not been made for a person entitled to make a claim under the Act, the Court may, in its discretion, on application being made by or on behalf of any such person, order, that such provision as the Court thinks fit to be made out of the Estate of the deceased for that purpose.

There are also other grounds on which a claim can be made against an Estate.

Who may apply?

To apply to the Supreme Court of WA for provision to be made you must be one of the following:

• a person who was married to or living as the de facto partner of, the deceased person immediately before the death of the deceased person;
• a person who at the date of death of the deceased was receiving or entitled to receive maintenance from the deceased as a former spouse or former de facto partner of the deceased whether pursuant to an order of any court, or to an agreement or otherwise;
• a child of the deceased living at the date of death of the deceased, or born within 10 months after the deceased’s death;
• a grandchild of the deceased
  (i) who was being maintained wholly or partly by the deceased immediately before
  the deceased’s death; or
  (ii)      who, at the date of the deceased’s death, was living and one of whose parents was a child of the deceased who had predeceased the deceased; or
  (iii)     who was born within 10 months after the deceased’s death and one of whose parents was a child of the deceased who had predeceased the deceased;

• a step child of the deceased who was being maintained wholly or partly or was entitled to be maintained wholly or partly by the deceased immediately before the deceased’s death;
• a stepchild of the deceased, if –
• the deceased received or was entitled to receive property from the estate of a parent of the stepchild, otherwise than as a creditor of that estate; and
• the value of that property, at the time of the parent’s death, is greater than the prescribed amount;
• a parent of the deceased, whether the relationship is determined through legal marriage or otherwise, where the relationship was admitted by the deceased being of full age or established in the lifetime of the deceased.

For more information see our page on Making a Claim on an Estate