Challenging a Will – Who qualifies as an Eligible Person?

August 18, 2016 by admin · Leave a Comment 

In some circumstances, people who believe they have a right to receive assets from an estate are left out of the Will. If you are left out of a Will and want to challenge it, you must qualify as an ‘eligible person’. In accordance with section 57 of the Succession Act 2006 (NSW), a person qualifies as an eligible person if they were:

  1. The wife or husband of the deceased person at the time of the deceased person’s death
  2. Living in a de facto relationship with the deceased person at the time of their death
  3. A child of the deceased person
  4. A former wife or husband of the deceased person
  5. A person:

a)   Who was – at any particular time – wholly or partly dependent on the deceased person

b)   Who is a grandchild of the deceased person or was, at that particular time, or at any other time, a member of the household of which the deceased person was a member

6. A person with whom the deceased person was living in a close personal relationship at the time of the deceased person’s death

How can we help?

When considering a challenge to a Will, the Court will consider a number of factors, these include:

  • Your relationship with the deceased
  • The size of the estate
  • The deceased’s relationship with other eligible persons

If you believe you have not been adequately provided for in a Will in which you qualify as an eligible beneficiary please contact our office. We will discuss with you your eligibility to challenge the Will and answer any other questions you may have.


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