Eligible Person

Only an "eligible person" can bring a family provision claim; a friend or distant relative cannot simply ask the court for a share. Each state defines the categories differently, but they usually include a current or former spouse, a de facto partner, children (including in some states stepchildren and grandchildren), and people who were wholly or partly dependent on the deceased. Being eligible only opens the door — the applicant must still prove the Will left them without adequate provision.

The eligible categories vary materially by jurisdiction: NSW casts the widest net (including former spouses, dependants and people in a close personal relationship), while other states are narrower. Example: As a financially dependent stepson who lived with the deceased, Marcus qualified as an eligible person and could ask the court to vary the estate distribution.