Eligibility, time limits, and what the court actually weighs in a family provision claim.
Being left out of a will is not, by itself, a legal wrong. Victoria lets a person leave their estate as they choose — but it also lets certain people ask the court to reconsider, if adequate provision was not made for their proper maintenance and support.
That application is called a family provision claim, and it is the most common way a will is challenged. It does not argue that the will is invalid. It argues that the outcome is unfair to someone the deceased had a responsibility to provide for.
The categories are set by statute, and being inside one is only the first hurdle. A spouse or domestic partner at the date of death is eligible. So is a child — including an adult child, an adopted child and, in defined circumstances, a stepchild. Former spouses, registered caring partners, dependent grandchildren and members of the household can be eligible, but generally must show a degree of dependency.
Adult children are not automatically entitled to a share. The question is need, not expectation.
The court looks at the relationship, any obligations the deceased owed you, the size of the estate, your financial resources and needs, your age and health, any contribution you made to the deceased’s welfare or estate, and the competing claims of other beneficiaries. Character and conduct can matter. So can a clear, contemporaneous statement of the deceased’s reasons.
Six months from the grant of probate. The court can extend that, but it does not have to, and an extension is harder once the estate has been distributed. If you think you may have a claim, get advice early — before the executor pays everything out.