Not Provided for in a Will? Understanding Part IV (Family Provision) Claims in Victoria

Discovering that you have been left out of a will—or only modestly provided for—can be personally and financially distressing. In Victoria, the law recognises that a will-maker’s freedom is not absolute. If an eligible person has not been adequately provided for, they may be able to challenge the will by bringing a Part IV (Family Provision) claim.

What is a Part IV claim?

A Part IV claim is an application to the Court seeking provision (or further provision) from a deceased’s estate. The Court’s role is not to “rewrite” a will because it seems unfair. Instead, it asks a practical question: has the will maker made proper provision for your maintenance and support? If not, the Court can order a redistribution from the estate.

Who can make a claim?

Eligibility depends on your relationship with the deceased. Common applicants include:

• spouses and domestic partners (including some former partners)

• children (including adult children in appropriate circumstances)

• stepchildren or others who were financially dependent on the deceased

Each matter turns on its own facts, including the size of the estate, competing claims, and the claimant’s needs and circumstances. We can assist you to work through these issues.

Time limits matter

Family provision claims are time-sensitive. If you believe you have been left without adequate provision, it is important to obtain advice early. Delays can affect your options—particularly once estate assets are distributed. Whilst not absolute, applicants should seek to initiate their challenge within 6 months of Probate being granted.

What does the Court consider?

While no two estates are identical, the Court commonly considers:

• your financial position (income, assets, debts, health and future needs, and it follows from this that claimants with weaker financial circumstances often fare better)

• the nature and history of your relationship with the deceased

• any contributions you made (financial or non-financial) to the deceased

• the size of the estate and the claims of other beneficiaries

Good evidence and careful preparation can make a real difference—especially where other beneficiaries may oppose your claim.

How we can help

At Andrews Crosthwaite, we help clients assess whether they have a viable Part IV claim. If so, we guide you in gathering the best evidence and then negotiate firmly on your behalf with the executors or administrators. Where possible, we aim to resolve disputes efficiently—while being ready to litigate if required.

If you have been left out of a will or treated inappropriately, contact us to discuss your options on 03 9450 9400.

This article is general information only and is not legal advice.