Who can make a family provision claim against an estate in NSW?
Legislation in New South Wales gives certain people a right to claim against an estate if left out, or not adequately provided for. The law provides that you will only be entitled to make a claim for provision if you are an “eligible person”. Section 57 of the Succession Act 2006 (NSW) provides that “eligible persons” include:
a wife or husband of the deceased;
a de facto partner at the time of the deceased’s death;
a former wife or husband;
i) a grand-child who was wholly or partly dependent on the deceased; ii) a person who was wholly or partly dependent on the deceased and was a member of the deceased’s household at that particular time or any other time.