Family Provision: Was I in a De Facto Relationship?

The meaning of a “De Facto Relationship”, for the purposes of the Succession Act, is defined in s 21C of the Interpretation Act, as follows: A person is in a de facto relationship with another person if: (a) They have a relationship as a couple living together, and (b) They are not married to one another or related by family.

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Who is a Child of the Deceased?

Under s 57(1)(c) of the Succession Act, a Child of the Deceased is Eligible to Contest their Parent’s Will. Generally, whether or not a Family Provision Applicant is a Child of the Deceased is self-evident. However, shifting family structures and the rise of blended families raise several questions about who is a Child of the Deceased for the Purposes of Family Provision.

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Can Your Ex Contest Your Will?

IIn NSW, under s 57(1)(d) of the Succession Act, your Former Spouse (or De Facto Partner) may be Eligible to Contest your Will. However, your Ex will only be deemed an Eligible Person where there are Factors Warranting the making of the application. The case of Lodin v Lodin provides a useful discussion as to what will constitute factors which warrant the making of an application.

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