You may be eligible to make a family provision claim if you were a spouse of the deceased, or a person who was in a de-facto relationship with the deceased at the date of death, or a child of the deceased, or a former spouse, or a person who was at any time a dependant of the deceased and a member of the deceased’s household. You must also show that adequate provision for your proper maintenance, education and advancement in life in the deceased’s will has not been made for you. A solicitor who specialises in this area will be able to advise you on this issue.

In most cases the answer to this question would be no, as the family law settlement is likely to have resolved both the deceased’s and your entitlements to any property of the other person. Therefore, it would follow you have no further claim against the deceased’s property. But in some special circumstances, you may still have a claim.

Yes, being an executor does not prevent you from making a claim, although if you do make a claim an alternate person will be appointed to represent the estate while your claim is being determined.

Yes, you may make a claim whether provision has been made for you or not. Although, you still must establish that you are an eligible person to make a claim and that adequate provision for your proper maintenance, education and advancement in life has not been made.