A 'family provision application' (FPA) is a type of
estate challenge that can be brought to dispute the contents of a
person's Will after they die. An FPA is not the correct avenue
to challenge the validity of a Will document. An FPA is usually
filed where someone has been left nothing in a Will or they
don't think they have been left enough.
In Queensland, an FPA can be made by a deceased person's
spouse (including a de facto), children (including step-children
and adopted children) and a very limited class of
When the court hears an application, it will consider:
whether the applicant is eligible to make a claim;
whether the applicant has been properly provided for in the
Will; and, if not,
whether further provision should be given to the applicant, and
if so, how much.
The third stage involves a consideration of many factors
relating to the applicant, the deceased and the deceased's
When making orders for payment to successful FPA applicants in
Queensland, the court can only access assets that form part of the
deceased person's estate. For more information about this and
the rules that apply in other states, see our article '
What assets can my Will deal with?'
Each FPA is different and the outcome will depend on the
circumstances of each individual case.
There are very strict time limits that applicants must comply
with if they want to make an FPA. If they do not, their interests
will not be protected.
While all parties' costs of an FPA are often paid by the
estate, this is not an absolute rule and in some circumstances, an
applicant may be liable for all or some of their own costs, and
even all or some of the estate's and other parties'
Each state has different rules regarding eligibility to make a
claim, the time limit to start your claim, the assets available and
the factors that are taken into account. Therefore, it is important
to check the relevant rules in each state.
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The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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There are several requirements that must be completed by an executor before the distribution of assets to beneficiaries.
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