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What is a 'Close Personal Relationship'?

Please note:

1. This category of eligibility is only available in New South Wales; and

2. If you are eligible under this category you also need to show 'factors warranting'.

A close personal relationship is where two adults who are not married or in a de facto relationship live together and provide each other with domestic support and personal care.

The support and care cannot have been a paid service, nor as a volunteer working in a charitable organisation.

You do not have to have been in a sexual relationship and you do not need to demonstrate that one or the other was providing financial support.

People seeking eligibility to bring a family provision claim under this cateogry need to establish a certain quality, duration or regularity of care to meet the criteria. It would not be sufficient to help out every now and then, you would need to be able to establish some consistency.  

The 'care' can be both physical and emotional support. It is not necessary to establish that you lived together full time, but you would need to show aspects of sharing a common residence.

If you are considering making a family provision claim and you think you might meet this criteria we suggest you call us on 1800 720 211 and speak to an experienced will dispute lawyer about the particularities of your situation.

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