Frequently asked questions: Contesting a will and Part IV claims

Q1: What is a Part IV claim?

A Part IV claim (also known as a family provision claim) is an application to a Court requesting a share or a larger share of a deceased person's estate. A person may make this application if they believe the deceased person had a responsibility to provide for them in their Will but failed to do so.

Q2: Who is eligible to make a Part IV claim?

Eligibility will depend on each individual circumstance, but the following people may be eligible to make a Part IV claim:

1. a person who was the spouseor domestic partner of the deceased at the time of the deceased's death;
2. a child of the deceased, (including a child adopted by the deceased, a step child of the deceased and a person who believed they were a child of the deceased);