CAN A WILL BE CONTESTED IF THERE IS NO…
Yes, a will can be contested if there is no provision for a dependent under the deceased person’s will.
In New South Wales, the Succession Act 2006 allows eligible persons to make a family provision claim if they have been left out of the deceased person’s will, or if the provision made for them in the will is inadequate.
Under the Succession Act 2006, eligible persons include:
- The spouse or de facto partner of the deceased person
- The children of the deceased person
- A former spouse or de facto partner of the deceased person
- A person who was dependent on the deceased person
- A grandchild of the deceased person who was wholly or partly dependent on the deceased person at any time
If a dependent has been left out of the deceased person’s will or has not been adequately provided for, they may be able to make a family provision claim. The court will consider a range of factors when determining whether adequate provision has been made for the claimant’s proper maintenance, education, or advancement in life.