Also known as: contested will, testator's family maintenance claim
In plain English
A court application by an eligible person who feels they were left out of a will, or not given enough, asking for a larger share of the estate.
What it means
A family provision claim is a court application by an eligible person seeking greater provision from a deceased estate than they received under the will or intestacy. Each state and territory has its own succession legislation setting out who can apply and the time limits, which differ between jurisdictions.
The court considers factors such as the applicant's financial need, their relationship with the deceased, and competing claims. It can override the will if it finds adequate provision was not made.
How it's used
The deceased's adult son made a family provision claim after being left out of the will entirely.
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