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.
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.
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.
Close Personal Relationships: What Constitutes Living Together?
To establish a Close Personal Relationship to make a family provision claim, applicants must show both that either or both parties were providing the other with domestic support and personal care and that they were living together. Begging the question, what constitutes ‘living together’ for the purposes of family provision.
Are Parents Obligated to Leave an Inheritance for Their Adult Children?
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.
Can Grandchildren Contest a Will?
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.