Is an adult grandchild eligible to make a family provision claim in NSW?

In New South Wales, an adult grandchild may be eligible to bring a family provision claim, but only in limited circumstances.

To succeed, a grandchild must establish that they are an “eligible person” within the meaning of the Succession Act 2006 (NSW). Relevantly, this requires proof that the grandchild was, at some point, wholly or partly dependent on the deceased.

Dependency is a question of fact. While it may be informed by whether the grandchild lived with the deceased at any time, membership of the deceased’s household alone is not sufficient. What must be shown, is a genuine relationship of dependency.

The Succession Act does not define “dependency”, so its meaning has developed through case law. The courts have consistently held that a dependent is a person who relies on another for support, whether financial, emotional, or both. Importantly, dependency is not confined to those receiving direct financial assistance.

The concept is broad enough to include a person who would naturally look to the deceased, rather than others, for what was necessary or desirable for their maintenance and support.

If you believe you were dependent on your grandparent and wish to assess the prospects and commercial viability of a family provision claim, please do not hesitate to contact me to discuss your circumstances.