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Contesting Wills

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When Can a Grandchild Challenge a Will?

If you are a grandchild of a deceased person you are eligible to make a claim upon their estate in New South Wales if you can also show the two following things:

1. That you were dependent, or partly dependent, upon your grandparent at some stage during their life.


2. That there are factors that warrant the making of an application.

Dependency: can be financial, material or emotional but cannot be merely emotional. It is not enough to show the court that your grandparents supported your parents and that you benefitted from that financial support. You need to show a more direct dependency.

Factors warranting: this means the court would want you to show that you were the type of person they would expect a grandparent to include in their will and/or your application has a reasonable likelihood of success. 

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