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.
In NSW, parents are under no legal obligations to leave an inheritance for their adult children. However, the succession legislation is underpinned by the assumption that children are the natural beneficiaries of their parents’ estates and adult children are automatically eligible to contest a will under family provision.
A person living in a Close Personal Relationship with the deceased at the time of the deceased’s death is eligible to claim family provision. Under the Succession Act a Close Personal Relationship will be established where the parties were living together and either or both parties were providing the other with domestic support and personal care. These requirements were considered in Smoje v Forrester.
Pursuant to s 57(1)(e) of the Succession Act, persons who were Members of the Deceased Household and were Dependant on the Deceased are eligible to make a Family Provision Claim provided that there are Factors which Warrant the making of the Application. Here, Olivera, the Deceased’s Mistress, and James, Olivera’s son from a previous relationship, made a Family Provision Application on the grounds that they were Members of the Deceased’s Household.
Grandchildren of the Deceased can Contest their Grandparents Will provided that they were Wholly or Partly Dependant on the Deceased and, given the facts of the case, there are Factors Warranting the making of an application.