The only individuals who are entitled to bring a Family Provision Application are:
- spouses (which includes de facto spouses);
- children (which includes step-children); or
The term “dependent” is defined in the legislation as a person who is “wholly or substantially maintained or supported by the deceased person” and who is also a parent of the ceased, parent of a child of the deceased, or a child under the age of 18 years.
Just because a person is entitled to bring a Family Provision application, it does not necessarily mean that they will be successful in challenging the Will.