Can a child make a family provision claim?

In today’s world, it is becoming increasingly common for people to be part of blended families where the children’s parents have remarried. In such cases, a child might still be eligible to make a family provision claim on their parent’s estate even though they have remarried.

How are family maintenance claims affected in Australia?

Testator family maintenance claims, or “Family Claims”, have been much affected by changes in Australian statutory regimes and the attitudes and approaches of courts. This program examines relevant developments and the current state of play, including:

Can a child make a claim as an adult?

Traditionally, adult children, and particularly sons, although able to make claims, have had to show a special need or special claim in order to succeed in an application: No special principle is to be applied in the case of an adult son. But the approach of the court must be different.

Who is not eligible for Family Provision NSW?

If you are a parent, sibling, step-child or former de-facto spouse, you are not considered to be an eligible person unless you are eligible under the category where you lived with the deceased and were dependent on the deceased.

Can a foreign parent take their child out of Australia?

A dispute over custody ensued; and since it is illegal for a parent to take a child out of Australia without the approval of the other parent, Teua was in an impossible position. She only had permission to stay in Australia temporarily, but if she went home she would have to leave her son behind.

Can a biological father file a paternity claim?

A biological father can file a paternity claim, asserting that he is the child’s legal father. The court may determine that based on DNA evidence, the biological father is the child’s legal parent.

Is it possible to claim a parent as a dependent?

Download our in-depth guides on elder law topics. Get your Guide. If you are caring for your mother or father, you may be able to claim your parent as a dependent on your income taxes. This would allow you to get a $500 tax credit for him or her.

Is it legal for teua to bring her son to Australia?

As Angus Francis, principal solicitor with the Brisbane Refugee and Immigration Legal Service, explains, there is nothing in the law that allows Teua to apply for a visa on the basis that her son Kamoa is an Australian citizen.