Family Provision Applications

In Queensland, an eligible applicant may make a “Family Provision Application” (“FPA”) where they have not been “adequately provided for” (whether in the Deceased’s Will or due to the rules of intestacy).

An “eligible applicant” includes a person who is the Deceased’s:

• spouse;
• child (including a stepchild or adopted child);
• dependant.

The Succession Act 1981 (Qld) provides that:

• notice of intention to make a FPA should be made within 6 months of the Deceased’s death; and
• a FPA should be made within 9 months of the Deceased’s death.

The Court may exercise discretion to extend these time limitations in certain circumstances. Whilst the court may exercise discretion, if you are considering a FPA we encourage seeking legal advice prior to the expiry of the timeframes.

Our team at The Small Business Lawyer can assist you with drafting a FPA or providing advice to an executor of a deceased estate where notice of such application has been provided.