Wills, Estates & Probate

Eligible Person

Also known as: eligible applicant

In plain English

Someone who is legally allowed to make a claim against a deceased estate, such as a spouse, child or sometimes a dependant.

What it means

An eligible person is someone the law permits to bring a family provision claim against a deceased estate. The categories differ between states and territories but commonly include a spouse or de facto partner, children, and former spouses or dependants who were partly maintained by the deceased. Some jurisdictions, such as New South Wales, have broader categories (including grandchildren and members of the household) than others. Being eligible does not guarantee an award; the court still assesses each claim on its merits.

How it's used

As the deceased's de facto partner, she qualified as an eligible person and could bring a family provision claim.

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