In New South Wales, the Succession Act 2006 governs Family Provision Claims.

When determining family provision claims, the court will consider a range of factors to determine whether the deceased person made adequate provision for the claimant’s proper maintenance, education, or advancement in life.

Some factors the court may consider include:

The relationship between the claimant and the deceased person: This includes the nature and extent of their relationship, and the level of dependence that the claimant had on the deceased person.

The financial resources and needs of the claimant: This includes their income, assets, and liabilities, and their financial requirements for their maintenance, education, and advancement in life.

The financial resources and needs of any other beneficiaries under the deceased’s will or intestacy: This includes their income, assets, and liabilities, and their financial requirements for their maintenance, education, and advancement in life.

The size and nature of the deceased person’s estate: This includes the value and composition of their assets, and any liabilities or expenses that need to be taken into account.

The deceased person’s testamentary intentions: This includes any statements that they made in their will or elsewhere about their reasons for making or not making provision for the claimant.

Any contributions that the claimant or any other beneficiary made to the deceased person’s estate: This includes any contributions made by way of work, assistance, or financial support.

The character and conduct of the claimant: This includes any criminal convictions or other disreputable conduct.

 Any other relevant factors that the court considers to be appropriate in the circumstances.