The answer to this question can be tricky, as it will depend on which State or Territory is best placed to determine the matter – and this depends upon where the deceased person died, where they ordinarily resided and where their assets are based.

Under Queensland’s Succession Act 1981, the following categories of persons are eligible to contest the estate of a deceased person:

  1. A Spouse, which includes:
    • The married spouse of a deceased person;
    • The de facto partner (or partners) – including same-sex couples – of the deceased person, provided that de facto partner has been living with the deceased person together on a genuine domestic basis for a continuous period of at least 2 years ending on the deceased’s death.
    • The civil partner of the deceased person; or
    • In limited circumstances, the deceased’s dependent former married spouse or civil partner.
  2. Children, which includes:
    • Biological children;
    • Stepchildren; and
    • Adopted children.
  3. A Dependant, which is any person being wholly or substantially maintained or supported by the deceased person at the time of their death who is:
    • A parent of the deceased person;
    • The parent of a surviving child under the age of 18 years of the deceased person; or
    • A person under the age of 18 years.

The above information relates to Queensland, but our lawyers also have experience with and can advise on family provision matters in other Australian States and Territories. Please contact us to discuss your potential claim.