Under section 41 of the Succession Act 1981 (Qld), the people who may apply to the court for provision from an estate are described in three words: spouse, child or dependant. The application is available where adequate provision was not made from the estate for that person's proper maintenance and support, and the court then orders such provision as it thinks fit. An application generally has to be started within nine months of the death, although the court has a discretion to allow a late one. Those are the Act's own terms, and they are worth reading before a will is drafted rather than after.
The reason they matter in Margate is the shape of the suburb's households. At the 2021 Census around one family in four here was a one-parent family, among the highest of the five Redcliffe peninsula localities compared in this series — Margate, Clontarf, Woody Point, Kippa-Ring and Scarborough — and more than a third of households were lone-person households. Couple families with no children living with them made up about two in five. Read together, and read carefully, since the Census records who usually lived at an address on Census night rather than who a person's children are, that is the profile of an area where a good many households have re-formed at least once.
That has a plain drafting consequence. A person can live on their own and still be someone's parent. A couple counted as having no children at home may have adult children living elsewhere. Section 41 uses the word child, and a child does not stop being a child on moving out. Margate's median age is 46 and it has the lowest share aged 65 and over of the five, so wills here are often made at a stage of life when children are already adults. Provision for adult children is the ordinary case, not the exception.
Assets move as well. Margate has the lowest owned-outright share of the five at 27.9%, with around four in ten households renting, and its housing runs from separate houses through to a sizeable share of flats. A will that hands over the house and assumes the rest evens out may not do what its maker intended once the estate is actually counted. We work through who the will needs to provide for and express that provision in terms of the people it is meant for rather than a single address, which is what estate planning covers: asset structuring, distribution strategy and provisions for dependants.