Grandchildren in New South Wales can initiate a will challenge, provided certain conditions are met. It is important to note that, unlike a spouse or child, a grandchild is not automatically eligible to make a claim under the Succession Act 2006 (NSW). Contesting a Will does involve making a family provision claim, which is a request to the court for a share of the deceased’s estate. The law in Sydney allows certain individuals who are considered ‘eligible persons’ to make a claim.
Although grandchildren are not specifically listed, they can raise a claim if there is proof that they were wholly or partly dependent on the deceased and that they had a close personal relationship with them. In this blog, The Will Challenge Lawyers explores whether a grandchild can initiate a Will challenge.
When Can a Grandchild Contest a Will?
A grandchild must meet two key criteria before initiating a Will challenge:
- Demonstrate dependency on the grandparent (financial or emotional).
- Prove a close personal relationship, such as having lived with or been raised by the deceased.
For example, if a grandparent played a parental role in a grandchild’s upbringing or provided regular financial support, that grandchild may be eligible to make a claim.
Factors Considered by the Court
When evaluating whether a grandchild can contest a Will in Sydney, the court will assess:
- The nature and extent of the grandchild’s relationship with the deceased.
- The financial needs of the grandchild.
- The size and nature of the estate.
- Any obligations the deceased may have had toward the grandchild.
- Evidence of promises or expectations set by the deceased.
How Can The Will Challenge Lawyers Help?
Contesting a Will in Sydney can be complex and emotionally charged. That’s why it is always recommended that you hire a contest Will lawyer in Sydney to help you navigate the process. At The Will Challenge Lawyers in Sydney, we specialise in will disputes and family provision claims, including those involving grandchildren. We understand the nuances of NSW succession law and offer strategic, compassionate advice tailored to your situation.
Professional Contest Will Lawyer in Sydney
Are you a grandchild who believes that you are entitled to a share of a deceased relative’s Will? Contact us today for a confidential consultation and find out whether you are eligible to contest a Will in Sydney.
