A local barrister recently published a paper which is of assistance for anyone wanting to understand Family Provision Applications. Family Provision Applications come about as a result of section 41 of the Succession Act Queensland. Although this article explains section 41, first, please read the section in full: "If any person (the deceased person) dies whether testate or intestate and in terms of the will or as a result of the intestacy adequate provision is not made from the estate for the proper maintenance and support of the deceased person’s spouse, child or dependant, the court may, in its discretion, on application by or on behalf of the said spouse, child or dependant, order that such provision as the court thinks fit shall be made out of the estate of the deceased person for such spouse, child or dependant."
You should notice that the application may be made, if a deceased person does not adequately provide for a spouse child or dependant. There are two important aspects to a Family Provision Application:
- a failure to adequately provide and
- only a spouse, child or dependant is entitled to claim.