Who can claim in Queensland qualifications eligible

This is a simplified list of people who can claim in Queensland, with the name of the legislation (the Act) .

If you have any questions contact us here at CWPL. 

Otherwise, search for the Act which set out who is eligible/qualified to claim in the State, in full detail

Who can apply for provision from deceased’s estate in Queensland
Succession Act 1981
Estate of deceased person liable for maintenance
(1) If any person (the deceased person) dies whether testate or
intestate and in terms of the will or as a result of the intestacy
adequate provision is not made from the estate for the proper
maintenance and support of the deceased person’s spouse,
child or dependant, the court may, in its discretion, on
application by or on behalf of the said spouse, child or
dependant, order that such provision as the court thinks fit
shall be made out of the estate of the deceased person for such
spouse, child or dependant.

Definitions for pt 4
In this part—
child means, in relation to a deceased person, any child,
stepchild or adopted child of that person.
dependant means, in relation to a deceased person, any person
who was being wholly or substantially maintained or
supported (otherwise than for full valuable consideration) by
that deceased person at the time of the person’s death being—
(a) a parent of that deceased person; or
[s 40A]
Succession Act 1981
Part 4 Family provision
Current as at 25 May 2020 Page 59
Authorised by the Parliamentary Counsel
(b) the parent of a surviving child under the age of 18 years
of that deceased person; or
(c) a person under the age of 18 years.
40A Meaning of stepchild
(1) A person is a stepchild of a deceased person for this part if—
(a) the person is the child of a spouse of the deceased
person; and
(b) a relationship of stepchild and step-parent between the
person and the deceased person did not stop under
subsection (2).

(2) The relationship of stepchild and step-parent stops on—
(a) the divorce of the deceased person and the stepchild’s
parent; or
(b) the termination of the civil partnership between the
deceased person and the stepchild’s parent; or
(c) the ending of the de facto relationship between the
deceased person and the stepchild’s parent.
(3) To remove any doubt, it is declared that the relationship of
stepchild and step-parent does not stop merely because—
(a) the stepchild’s parent died before the deceased person, if
the marriage, civil partnership or de facto relationship
between the deceased person and the parent subsisted
when the parent died; or
(b) the deceased person remarried, entered into a civil
partnership or formed a de facto relationship after the
death of the stepchild’s parent, if the marriage, civil
partnership or de facto relationship between the
deceased person and the parent subsisted when the
parent died.