There are a strictly limited category of persons who may apply to the Supreme Court of NSW for an order that more provision be made for them from the estate. In NSW, these people are known as “eligible persons” and are set out in s 57 of the Succession Act 2006 (NSW).
They include:
- the deceased’s spouse;
- the deceased’s de facto spouse;
- the deceased’s child (including an adopted child);
- the deceased’s former spouse;
- a person who was, at any particular time, wholly or partly dependent on the deceased and who was either:
- a grandchild of the deceased, or
- a member of the deceased’s household;
- a person who was living in a close personal relationship with the deceased at the time of death.
These eligible persons are not automatically entitled to succeed in their family provision claim. To be successful they must establish that adequate provision was not made for their proper maintenance, education or advancement in life.
So put simply, a close friend or a long distant relative is generally not a person who is eligible to make a family provision claim against your estate.
For a family provision claim to be valid, the application generally must be made within 12 months of death, unless the Court grants leave to file out of time.
If you or someone you know has been left out of a Will and is interested in pursuing a family provision claim or if you are an Executor needing advice on defending a potential family provision claim please contact our team of experienced solicitors today on 02 4627 3333.
This article was published on 08/04/26 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.
