Who Can Contest a Will in NSW?
In NSW, eligible persons can contest a Will and make what is called a Family Provision claim if they have been left without adequate provision from a deceased estate.
The list of eligible persons in New South Wales who can make an application for provision from a deceased person’s estate is listed in Section 57 of the Succession Act 2005 (NSW).
These people are:
The deceased’s spouse at the time of death
A person who was living in a de facto relationship with the deceased at the time of death
The deceased’s child
A person who was dependent on the deceased at a particular time
A dependent grandchild
A dependent household member of the deceased
A person who lived in a close personal relationship when the deceased died
Parents, siblings, stepchildren and former de facto spouses are not listed but may still qualify if they lived with the deceased and were dependent at the time of death.
Please consult with us to determine your unique situation.
Updated 7th May, 2025