(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 ) for an eligible person who is under legal incapacity.Note : "De facto relationship" is defined in section 21C of the Interpretation Act 1987 .
(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 , 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 , 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 ,(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 ).