Estate Administration - Disputes about a Will

Posted by Malcolm Campbell on 29 November 2017
Estate Administration - Disputes about a Will

One way to challenge a Will is by making a Family Provision claim under the Succession Act 2006 (NSW).  The first step in making a Family Provision claim is for the applicant to establish that they fall within a class of eligible persons. The following persons are defined as "eligible persons" under the provision:

 

 

  • a spouse;
  • a de facto spouse;
  • a former spouse;
  • a child;
  • a grandchild or member of the household who was at any particular time wholly or partly dependant upon the deceased person.

What must be proved to enable a person to succeed in an application?

  • That the Applicant is an eligible person.

  • That the Applicant has been left without adequate provision for his or her proper maintenance, education and advancement.

  • That proper provision should be made for that person.

The Court must also look at the totality of provision made by the deceased during his lifetime as well as what is left by the Will.  In deciding whether it is proper to grant an order the Court must consider factors such as the competing interests of others, including but not limited to, creditors.

Back