What factors are relevant to the Court in deciding whether an applicant will receive provision or further provision from the deceased estate?

Not all eligible persons are entitled to provision or further provision out of the Estate of the deceased person.

The factors that may be considered by the Court include the following:

  1. The nature and duration of the relationship with the deceased;
  2. The value of the Estate;
  3. The applicant’s financial circumstances;
  4. The financial circumstances of any other competing party;
  5. Any obligation or responsibility owed by the deceased to an applicant or any beneficiary of the Estate;
  6. Any physical, intellectual or mental disability of the applicant or beneficiary of the Estate;
  7. The age of the applicant when the application is being heard;
  8. Any contribution by the applicant to the acquisition, conservation and improvement of the estate of the deceased person or to the welfare of the deceased person or the deceased person’s family, made before or after the deceased  person’s death and adequate consideration was not received by the applicant;
  9. Any provision made for the applicant by the deceased person during the deceased’s lifetime;
  10. Any evidence (documents or statements) of the testamentary intentions of the deceased
  11. Whether the applicant was being maintained, either wholly or partly, by the deceased person before the deceased person’s death;
  12. Whether any other person is liable to support the applicant;
  13. The character and conduct of the applicant before and after the death of the deceased;
  14. The conduct of any other person before and after the death of the deceased; and
  15. Any other matter the court considers relevant.

If you think you are eligible to contest an Estate and would like further advice please contact our Department Manager Donna Tolley, on direct line (07) 5506 8241 or by email [email protected] to arrange an appointment.

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