A prenup, or a Binding Financial Agreement (BFA) as they are known in Australia, will usually include a clause providing that either or both parties give up their right to make a family provision claim. But do these clauses actually prevent your partner, or former partner, from claiming family provision?
A testator may leave their estate to whomever they wish, including to any charitable organisations. However, where an estate is left to a charity instead of family members, it is often contested under the family provision regime.
To establish a Close Personal Relationship to make a family provision claim, applicants must show both that either or both parties were providing the other with domestic support and personal care and that they were living together. Begging the question, what constitutes 'living together' for the purposes of family provision.