57Eligible persons

#### 57 Eligible persons 57 Eligible persons (cf FPA 6 (1), definition of “eligible person”) > > (1) The following are eligible persons who may apply to the Court for a family provision order in respect of the estate of a deceased person— > > > > > (a) a person who was the spouse of the deceased person at the time of the deceased person’s death, > > > > > (b) a person with whom the deceased person was living in a de facto relationship at the time of the deceased person’s death, > > > > > (c) a child of the deceased person, > > > > > (d) a former spouse of the deceased person, > > > > > (e) a person— > > > > > > > (i) who was, at any particular time, wholly or partly dependent on the deceased person, and > > > > > > > (ii) who is a grandchild of the deceased person or was, at that particular time or at any other time, a member of the household of which the deceased person was a member, > > > > > (f) a person with whom the deceased person was living in a close personal relationship at the time of the deceased person’s death. > > > > Note— > > > > Section 60 sets out the matters that the Court may consider when determining whether to make a family provision order, and the nature of any such order. An application may be made by a tutor (within the meaning of the [Civil Procedure Act 2005](/view/html/inforce/current/act-2005-028)) for an eligible person who is under legal incapacity. > > > > Note— > > > > “De facto relationship” is defined in section 21C of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015). > > > (2) In this section, a reference to a child of a deceased person includes, if the deceased person was in a de facto relationship, or a domestic relationship within the meaning of the [Property (Relationships) Act 1984](/view/html/inforce/current/act-1984-147), at the time of death, a reference to the following— > > > > > (a) a child born as a result of sexual relations between the parties to the relationship, > > > > > (b) a child adopted by both parties, > > > > > (c) in the case of a de facto relationship between a man and a woman, a child of the woman of whom the man is the father or of whom the man is presumed, by virtue of the [Status of Children Act 1996](/view/html/inforce/current/act-1996-076), to be the father (except where the presumption is rebutted), > > > > > (d) in the case of a de facto relationship between 2 women, a child of whom both of those women are presumed to be parents by virtue of the [Status of Children Act 1996](/view/html/inforce/current/act-1996-076), > > > > > (e) a child for whose long-term welfare both parties have parental responsibility (within the meaning of the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157)). > > **s 57:** Ins 2008 No 75, Sch 1 \[10\]. Am 2010 No 19, Sch 3.105 \[3\]–\[5\]; 2018 No 28, Sch 1.36 \[2\].