Contesting Wills are you Eligible?

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 eligible person in New South Wales who can make and application for provision from a deceased persons estate are 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 dependant on the deceased at a particular time
  • A dependant grandchild
  • A dependant household member of the deceased
  • A person who lived in a close personal relationship when the deceased died.

Parents, sibling, step children and former de-facto spouses are not listed but may still qualify if they lived with the deceased and were dependant at the time of death.

Please consult with us to determine your unique situation.

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