Family provision claim preparation checklist
Family provision claims allow eligible persons to apply for further provision from a deceased estate. Time limits are strict (typically 6-12 months from death or grant of probate). This checklist runs through the standard preparation steps.
This is a 12-step checklist for preparing a family provision claim — the most common type of will challenge in Australia. Each state has its own Family Provision Act with its own eligibility criteria and time limits. This checklist covers the standard preparation steps.
The checklist
Confirm eligibility
Check whether the claimant is an eligible person under the relevant state Family Provision Act — typically spouse, de facto partner, child, or dependent.
Check the time limit
Identify the time limit in the relevant state. NSW: 12 months from death. VIC: 6 months from grant of probate. QLD: 9 months from death.
Obtain a copy of the will
Obtain a copy of the will from the estate or the court if probate has been granted.
Identify estate assets
Identify the assets of the estate. The "notional estate" rules in NSW expand the pool for claim purposes.
Take detailed instructions on the claimant's circumstances
Document the claimant's financial circumstances, health, age, dependants, and the relationship with the deceased.
Identify the claimant's needs
Calculate the claimant's present and future financial needs — housing, healthcare, dependants' education, retirement.
Document the claimant's contribution
Document any contributions the claimant made to the deceased's welfare or to the estate during their lifetime.
Identify other beneficiaries' positions
Identify the other beneficiaries' financial circumstances and any competing claims.
Lodge a notice of claim
Lodge a notice of claim with the executor and the court (where required by the relevant state).
Attempt mediation
Most jurisdictions require attempts at mediation before a contested hearing. Identify a suitable mediator.
File the originating process
If mediation fails, file the originating process in the appropriate court within the time limit.
Prepare for hearing or settlement
Prepare for hearing or settlement negotiations. Most family provision matters settle before contested hearing.
When this checklist applies
Use this checklist at the start of any family provision matter. Time limits are critical — note the deadline at step 2 and diarise it immediately.
Common pitfalls
- Missing the state-specific time limit
- Failing to identify notional estate in NSW matters
- Inadequate documentation of the claimant's needs
- Not attempting mediation before filing
- Underestimating the impact of competing claims
Run this checklist on a real matter
Quillio drafts family provision applications, calculates the claimant's present and future needs, and surfaces relevant Supreme Court authority. See /practice-areas/family-lawyers or start a free trial.
This checklist is a general guide. Family provision law is state-specific and complex — adapt for the relevant state and consider obtaining specialist advice.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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