Family provision claims: who is an ‘eligible claimant’?

Written by Terry Johansson | 13th September 2013

An person who is an eligible claimant will usually be:

a) Spouse or civil partner of the deceased;
b) A former spouse or civil partner of the deceased, but not one who has formed a subsequent marriage or civil partnership;
c) A child of the deceased;
d) An unmarried partner or “cohabitant” ;
e) Any person, not being a child of the deceased, who in the case of a marriage or civil partnership to which the deceased was at any time a party, was treated by the deceased as a child of the family in relation to the marriage or civil partnership;
f) Any other person how was maintained by the deceased immediately before the deceased’s death.

You should ask for the eligibility to apply in the relevant State. Click here for further information about the rights of unmarried partners in intestacy. In some circumstances, a step-child or grandchild of the deceased may be able to make a family provision claim.  Click here for more information on the rights of step-children in intestacy.

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