{"id":26044,"date":"2018-04-09T15:35:36","date_gmt":"2018-04-09T15:35:36","guid":{"rendered":"https:\/\/rmolaw.com.au\/eligibility-to-seek-further-provision-from-an-estate\/"},"modified":"2025-02-24T05:18:37","modified_gmt":"2025-02-24T05:18:37","slug":"eligibility-to-seek-further-provision-from-an-estate","status":"publish","type":"post","link":"https:\/\/rmolaw.com.au\/zh\/eligibility-to-seek-further-provision-from-an-estate\/","title":{"rendered":"Eligibility To Seek Further Provision From An Estate"},"content":{"rendered":"<p>Quinn &amp; Scattini Lawyers\u2019 <a href=\"https:\/\/rmold.newwebsite.live\/expertise\/wills-estates\/\" target=\"_blank\" rel=\"noopener\">Wills &amp; Estates Team<\/a> regularly represent clients who want to contest what they are receiving under a will, or who want to contest the share of the estate they are receiving under the rules of intestacy when the deceased person has not made a will.<\/p>\n<h3>The Law<\/h3>\n<p>Section 41 of the <em>Succession Act 1981<\/em> (\u201c<b>the Act<\/b>\u201c) provides that if a person dies, with or without a will, and adequate provision is not made for the proper maintenance and support of the deceased\u2019s spouse, child or dependant, then the court may, in its discretion, on application by or on behalf of the spouse, child or dependant, order that provision be made out of the deceased\u2019s estate for the spouse, child or dependant.<\/p>\n<h3>Who Can Make An Application?<\/h3>\n<p>It is important to note the 3 categories of persons who are entitled to make an application under section 41 of the Act. These are \u201cspouse\u201d, \u201cchild\u201d and \u201cdependant\u201d of the deceased person.<\/p>\n<p>So a person wanting to apply for further provision from a deceased person\u2019s estate must be a spouse, child or dependant of the deceased person.<\/p>\n<h3>The Spouse<\/h3>\n<p>The Act defines \u201cspouse\u201d as the husband, wife, de facto partner or registered partner of the deceased.In respect of a de facto partner, the deceased and the de facto partner must have been living as a couple on a genuine domestic basis. In deciding this, any of their circumstances may be taken into account, including:<\/p>\n<ul>\n<li><span style=\"font-size: 115%;\">whether they were living in a common residence,<\/span><\/li>\n<li><span style=\"font-size: 115%;\">the length of their relationship,<\/span><\/li>\n<li><span style=\"font-size: 115%;\">whether or not a sexual relationship existed,<\/span><\/li>\n<li><span style=\"font-size: 115%;\">the degree of financial dependence or independence,<\/span><\/li>\n<li><span style=\"font-size: 115%;\">their ownership and use of property,<\/span><\/li>\n<li><span style=\"font-size: 115%;\">their commitment to a shared life,<\/span><\/li>\n<li><span style=\"font-size: 115%;\">the care and support of children,<\/span><\/li>\n<li><span style=\"font-size: 115%;\">the performance of household tasks, and<\/span><\/li>\n<li><span style=\"font-size: 115%;\">the perception of their relationship by members of the public.<\/span><\/li>\n<\/ul>\n<p>It is also necessary that the de facto couple has lived in a relationship for a continuous period of at least 2 years which only ended on the death of the deceased person.<\/p>\n<h3>The Child<\/h3>\n<p>The Act defines \u201cchild\u201d in relation to a deceased person to mean any child, stepchild or adopted child.<\/p>\n<h3>The Dependant<\/h3>\n<p>The Act defines \u201cdependant\u201d in relation to the deceased person as being any person who was being wholly or substantially maintained or supported (otherwise than for full valuable consideration) by the deceased at the time of the deceased\u2019s death and who is:<\/p>\n<ul>\n<li><span style=\"font-size: 115%;\">a parent of the deceased,<\/span><\/li>\n<li><span style=\"font-size: 115%;\">the parent of a surviving child of the deceased under the age of 18 years, or<\/span><\/li>\n<li><span style=\"font-size: 115%;\">a person under the age of 18 years.<\/span><\/li>\n<\/ul>\n<p>There are other factors which are relevant in this type of application, such as the nature of the relationship between the deceased person and the applicant, and the financial circumstances of the applicant.<\/p>\n<h3>Time Limits Apply<\/h3>\n<p>An eligible person wanting to make an application for further provision from a deceased person\u2019s estate in Queensland must give notice of their intention to the executor within 6 months after the date of death, and must file their application in court within 9 months after the date of death.<\/p>\n<p>If you want to make an application for further provision from a deceased person\u2019s estate, you should contact Quinn &amp; Scattini Lawyers promptly.<\/p>\n<h3>How We Can Help<\/h3>\n<p>Quinn &amp; Scattini Lawyers&#8217; will dispute lawyers are experienced in all types of <a href=\"https:\/\/rmold.newwebsite.live\/expertise\/will-estate-dispute-and-litigation\/\" target=\"_blank\" rel=\"noopener\">will and estate litigation<\/a>. Our lawyers will advise and represent you in all court proceedings, mediations and negotiations regarding <a href=\"https:\/\/rmold.newwebsite.live\/expertise\/probate-administration\/\" target=\"_blank\" rel=\"noopener\">deceased estates<\/a>.<\/p>\n<h3>\u8054\u7cfb\u6211\u4eec<\/h3>\n<p>Get the best representation. Contact Quinn &amp; Scattini Lawyers&#8217; experienced <a href=\"https:\/\/rmold.newwebsite.live\/expertise\/will-estate-dispute-and-litigation\/\" target=\"_blank\" rel=\"noopener\">will dispute lawyers<\/a> on <a href=\"tel:1800999529\">1800 999 529<\/a>, email <a href=\"mailto:mail@rmold.newwebsite.live\">mail@rmold.newwebsite.live<\/a> or submit an enquiry below.<\/p>\n<p>We are available to meet with you at any of our local offices (<a href=\"https:\/\/rmold.newwebsite.live\/contact\/\" target=\"_blank\" rel=\"noopener\">Brisbane, Gold Coast, Beenleigh, Cleveland and Jimboomba<\/a>) or by telephone or video-conference.<\/p>\n<p><em>This article is for your information and interest only. It is not intended to be comprehensive, and it does not constitute and must not be relied on as legal advice. You must seek specific advice tailored to your circumstances.<\/em><\/p>","protected":false},"excerpt":{"rendered":"<p>Quinn &#038; Scattini Lawyers\u2019 Wills &#038; Estates Team regularly represent clients who want to contest what they are receiving under a will, or who want to contest the share of the estate they are receiving under the rules of intestacy when the deceased person has not made a will.<\/p>","protected":false},"author":5,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"categories":[1],"tags":[],"expertise":[264],"class_list":["post-26044","post","type-post","status-publish","format-standard","hentry","category-uncategorized","expertise-wills-estateswill-estate-dispute-litigation"],"acf":[],"_links":{"self":[{"href":"https:\/\/rmolaw.com.au\/zh\/wp-json\/wp\/v2\/posts\/26044","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/rmolaw.com.au\/zh\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/rmolaw.com.au\/zh\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/rmolaw.com.au\/zh\/wp-json\/wp\/v2\/users\/5"}],"replies":[{"embeddable":true,"href":"https:\/\/rmolaw.com.au\/zh\/wp-json\/wp\/v2\/comments?post=26044"}],"version-history":[{"count":1,"href":"https:\/\/rmolaw.com.au\/zh\/wp-json\/wp\/v2\/posts\/26044\/revisions"}],"predecessor-version":[{"id":27012,"href":"https:\/\/rmolaw.com.au\/zh\/wp-json\/wp\/v2\/posts\/26044\/revisions\/27012"}],"wp:attachment":[{"href":"https:\/\/rmolaw.com.au\/zh\/wp-json\/wp\/v2\/media?parent=26044"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/rmolaw.com.au\/zh\/wp-json\/wp\/v2\/categories?post=26044"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/rmolaw.com.au\/zh\/wp-json\/wp\/v2\/tags?post=26044"},{"taxonomy":"expertise","embeddable":true,"href":"https:\/\/rmolaw.com.au\/zh\/wp-json\/wp\/v2\/expertise?post=26044"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}