The short answer is yes, they may be able to, subject to them being eligible to strict criteria.
Firstly, they must be able to demonstrate that they were dependant on you, and lived as a member of your household at some stage.
Further, they would need to show that they have not adequately been provided for already either during your lifetime and/or in the Will or pursuant to intestacy.
Other factors that the Court may consider include:
- The financial needs and expectations on the foster child when compared to other dependants of your estate i.e. other children you may have and/or any spouse you have.
- The size of your estate.
- The degree of dependency the foster child had on you during your lifetime; and
- The nature of the relationship you had with the foster child.
The claim must also be commenced within the limitation period of 12 months from the date of your death unless special leave is granted from the Supreme Court of NSW.
If you require assistance with a potential Family Provision Claim either as a claimant or a defendant (i.e. an Executor) give our team of experienced professionals a call today on 02 4627 3333.
This article was published on 05/05/25 and the information is valid as at the date of publishing. This article is general in nature and is not and should not be considered or relied on as legal advice. Meehans Solicitors is not responsible in the event this information is relied upon by the reader in the absence of specific legal advice.
