Family Provision Application (Applicant) - Adult Child Claim vs. Defacto Spouse Claim

Can an adult stepchild make a family provision claim in Queensland?: Child includes a child, stepchild or adopted child of the deceased (Succession Act 1981 (Qld) s 40), but a stepchild relationship stops if the deceased and the stepchild's parent divorced, terminated a civil partnership or ended their de facto relationship, though not merely because the parent died first while the relationship subsisted (s 40A).

Jurisdiction: Supreme Court of Queensland (Trial Division).

The Process at a Glance: Identify all claimants and their relationship to the deceased. For the adult child: gather financial records, evidence of the relationship with the deceased, any contributions the child made to the deceased's welfare or estate, and explain why the will's provision (or lack of it) is inadequate. For the de facto spouse: establish the relationship under the Acts Interpretation Act 1954 (QLD), document financial interdependence, and show the impact on the surviving partner of losing a share of the estate. Obtain the estate inventory. File competing affidavits. The court considers the competing claims together in light of the total estate value.

Key Legislation and Case Law: Succession Act 1981 (QLD) s 41(1) (the court may order provision where adequate provision is not made for the proper maintenance and support of a spouse, child or dependant), s 41(2) (conditions, lump sum or periodic payment, and refusal because of character or conduct), s 41(6) (an application is treated as made on behalf of all persons who might apply). An able-bodied adult child of substantial means who relies on a moral claim alone may fail to show that adequate provision was not made: Vigolo v Bostin (2005) 221 CLR 191 (HC). A de facto partner is a spouse only after at least 2 years of continuous cohabitation ending on the death (Succession Act s 5AA(2), which applies despite Acts Interpretation Act 1954 (QLD) s 32DA(6)). Part 4 contains no notional estate provisions.

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