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Who is eligible to make a claim against an estate?

Updated: Nov 3, 2022

If you have been left out of a loved one’s estate, or believe that you have not been sufficiently provided for, you may be eligible to make a claim against the estate. These claims are known as ‘family provision order’ applications and are made to the County or Supreme Court of Victoria.

When considering whether to make a claim, it is important to obtain sound legal advice to determine your eligibility.


According to the Administration and Probate Act 1958 (Vic), eligible people are generally those who were close to the deceased and include;

· a spouse or domestic partner of the deceased;

· a child/stepchild of the deceased;

· a person who believed that the deceased was a parent and was treated like a child of the


· a registered caring partner of the deceased;

· a grandchild of the deceased.

Furthermore, the court will only make a family provision order if the estate fails to provide proper maintenance and support to the eligible person. Some of the factors used by the court to determine this include:

· the deceased’s Will;

· reasons and intentions made by the deceased in relation to providing for the eligible person;

· the nature and length of the relationship between the deceased and the eligible person;

· the size of the deceased’s estate;

· the financial resources of the eligible person;

· the age of the eligible person.

It is important to note, those who believe they may be eligible for a family provision order must make an application to the court within 6 months after the grant of probate.

Why Nevin Lenne Gross?

Principal lawyer, Rebecca Healy is a specialist in the practice of Wills and Estates and helps our clients navigate their way through this difficult and stressful time by providing tailored advice regarding their eligibility in making a claim and the types of people who may want to make a claim in the future. At Nevin Lenne Gross, we can prepare family provision order applications for eligible people or defend estates when applications are made. Please contact our firm to find out how we can assist you

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