Who can claim in WA qualifications eligible

This is a simplified list of people who can claim in WA, 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

Family Provision Act 1972

7.            Who can apply for provision from deceased’s estate in WA

      (1)     An application for provision out of the estate of any deceased person may be made under this Act by or on behalf of all or any of the following persons — 

                  (a)     a person who was married to, or living as the de facto partner of, the deceased person immediately before the death of the deceased person;

                  (b)     a person who at the date of the death of the deceased was receiving or entitled to receive maintenance from the deceased as a former spouse or former de facto partner of the deceased whether pursuant to an order of any court, or to an agreement or otherwise;

                  (c)     a child of the deceased living at the date of the death of the deceased, or born within 10 months after the deceased’s death;

                  (d)     a grandchild of the deceased —

                               (i)     who was being maintained wholly or partly by the deceased immediately before the deceased’s death; or

                              (ii)     who, at the date of the deceased’s death, was living and one of whose parents was a child of the deceased who had predeceased the deceased; or

                             (iii)     who was born within 10 months after the deceased’s death and one of whose parents was a child of the deceased who had predeceased the deceased;

                (ea)     a stepchild of the deceased who was being maintained wholly or partly or was entitled to be maintained wholly or partly by the deceased immediately before the deceased’s death;

                (eb)     a stepchild of the deceased, if —

                               (i)     the deceased received or was entitled to receive property from the estate of a parent of the stepchild, otherwise than as a creditor of that estate; and

                              (ii)     the value of that property, at the time of the parent’s death, is greater than the prescribed amount;

                  (e)     a parent of the deceased, whether the relationship is determined through a legal marriage or otherwise, where the relationship was admitted by the deceased being of full age or established in the lifetime of the deceased.

grandchild in relation to any person or persons includes an illegitimate child of a child of that person;

               stepchild means a person who was alive on the date on which the deceased married or entered into a de facto relationship with a parent of the person but who is not a child of the deceased;

               will includes a codicil and any testamentary disposition.