Family Provision Application: Am I a Child of the Deceased?

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Children of the deceased may have standing to apply for greater provision from the estate under a Family Provision Application.  Please see our earlier blog, “Contesting a Will, Part One: Family Provision Application”, for general information on FPAs.

Am I a child of the deceased?

A child of the deceased includes a biological child, step-child and adopted child.  To be a biological child of the deceased, the deceased must be either your biological mother or father.  A person is considered a step-child of the deceased if they are the child of a spouse married to the deceased, and the relationship between the spouse and the deceased has not terminated by divorce.

A person will continue to be a step-child of the deceased if their parent (the spouse of the deceased) dies before the deceased, provided that the marriage had not been terminated by divorce.  The step-child/step-parent relationship will continue even if the deceased had remarried after the death of their former spouse.

In respect of an adopted child, if the adoption occurred in Australia then the adoption must have been formalised in accordance with the laws of the state or territory in which the adoption took place.  If the adoption occurred overseas, then the adoption must have been formalised in accordance with the laws of that particular jurisdiction.

I’m a child of the deceased, what do I do now?

It is important for you to remember that there are prescribed time limits within which you must bring your claim against the estate.

Contact one of our succession law team members today and we can sit down to discuss your circumstances and what we can help you achieve.

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The content published in this Blog is in the form of academic papers and the opinions expressed herein are generalised. The information provided is for educational purposes, not specific legal advice.

The application of any principles referred to can alter from case to case and accordingly you should seek independent legal advice in respect of your individual circumstances.

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