Are grandchildren eligible for a family provision order against a will or estate?
In order to obtain a family provision order, The Succession Act 2006 (NSW) requires that eligible grandchildren prove that at any particular time they were a dependent of the deceased person and a member of the deceased’s household, or that they are a person with whom the deceased person was living in a close personal relationship at the time of the their death.
When determining whether a grandchild is eligible for a family provision, the courts may consider the following:
- whether the deceased had any obligations or responsibilities owed to the grandchild;
- the financial resources, earning capacity and financial needs, both present and future, of the grandchild;
- if the applicant is cohabiting with another person and the financial circumstances of the other person;
- whether any contribution (financial or otherwise) was made by the grandchild to the acquisition, conservation and improvement of the deceased’s estate or to the welfare of the deceased person or the deceased person’s family;
- any provision made for the grandchild by the deceased person, either during the deceased person’s lifetime or made from the deceased person’s estate;
- any evidence of the testamentary intentions of the deceased person, including evidence of statements made by the deceased person;
- whether the grandchild was being maintained, either wholly or partly, by the deceased person before the deceased’s death and to what extent; and
- the character and conduct of the grandchild before and after the date of the death of the deceased person.
If you believe you are eligible under these conditions for a family provision, contact your Sydney Probate Lawyer for help making a claim and compiling evidence.