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Disputing a Will in NSW: Factors Warranting

In New South Wales, if you are one of the following categories of applicant:

  1. A former wife or husband of the deceased;

  2. A grandchild of the deceased;

  3. A member of the same household as the deceased;

  4. Someone in a close personal relationship with the deceased

… then you also need to show there are ‘factors which warrant the making of an application.’

The legislation doesn’t tell us exactly what this means but judges have said if you are one of the above category of people you would need to show that you would be generally regarded as a ‘natural object of testamentary recognition’ by the deceased.

Another view is that factors warranting exist if the applicant has a reasonable prospect of success.

As the act doesn’t specify the meaning of this phrase, definitions can only be gleaned from judicial decisions. The legislation has been criticised as being a ‘poorly conceived and clumsily expressed subsection.’  Regardless, it is a step that needs to be considered in light of your particular circumstances. 

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