The Succession Act 2006 (NSW) allows for eligible people to make a claim on an estate to rectify injustices that can arise. Section 57 of this Act defines eligible people as the:
- Wife or husband;
- Person who was living in a de-facto relationship with the deceased person;
- Former husband or wife;
- Person who was wholly or partly dependent on the deceased person;
- Member of deceased household; and
- Person living in a close personal relationship with the deceased.
A claim will generally be successful if the court believes that the deceased made inadequate provision for the applicant’s proper maintenance, education and advancement in life. The court will consider:
- The applicant’s needs;
- The deceased’s duty, if any, to make provisions in favour of the applicant in their Will; and
- All the circumstances of the case.