Family Provision Claim

A Family Provision Claim is the main way a Will can be challenged on fairness grounds in Australia. An eligible person — usually a spouse, child or dependant — asks the court to redistribute part of a deceased estate on the basis that the deceased failed to make adequate provision for their proper maintenance, education or advancement in life. The claim does not say the Will is invalid; it accepts the Will but asks the court to override the deceased's wishes where fairness requires.

Each state and territory runs its own family-provision scheme under its succession legislation, and both who can claim and the time limit differ — for example, claims must generally be brought within 12 months of death in NSW, but within 6 months of the grant of probate in Victoria, so prompt advice matters. Example: When her father's Will left everything to his new partner, Sarah lodged a Family Provision Claim seeking a share to cover her education costs.