Who Are Eligible for Claim for Family Provision

Yes, it is hard to accept the passing of any member of the family, it is not something easy to accept and something that is not too easy to handle. Things will definitely change, the life you had before will never be the same after the passing of anyone close to your heart.

Never easy, but one thing is for sure, this is a cycle of life that is inevitable. On the other hand, if death is inevitable, not the Will. Morbid for some to think, but Will should be something that one needs to prepare, to ensure that everyone that will be left behind will get the fair share.

But what will happen if a claim for the family provision was not given as expected? Who has the right to get a claim for provision?

Here is a fact, no one would want to be deprived of something they are due to receive from an estate. Not greedy, but something they know is just due and right.

Who are eligible to claim for family provision?

Obviously, not everyone can seek for the claim for family provision. There are those who are eligible, and they are:

Three classes of applicants were given the eligibility to file a claim for family provision, they are:


Child as defined as any child, may they be biological, stepchild or adopted of that person. They are eligible to file a claim for family provision.


The dependent can be defined to be any person, may they be wholly or partially been or being maintained and supported and to include the time of the deceased death being:

  • the parent of the deceased.
  • also the parent of a surviving child that is under the age of 18
  • a person that is under the age of 18.


A spouse as clearly indicated, being the wife, the husband and defacto spouse.

Those three classes are the only ones eligible to file a claim for family provision. Anything or anyone not stated above is not given the privilege or right to file a claim for family provision.

They are the only ones who can challenge the Will that was left by the deceased. If in any case you are part or you are one of those and seeing unjust on whatever was left to you by the deceased, you can always seek help to ensure that you are getting whatever it is that you think is fair.