Episode 7: Family Provision 101
Update: 2023-09-26
Description
- Tony Skinner explains the focus of the episode: contesting a will in New South Wales.
- Marie defines contesting a will as an application for further provision from an estate for maintenance, education, or advancement in life.
- Marie clarifies that contesting a will is different from challenging a will, which involves other types of claims.
- Tony asks about the eligible people to contest a will.
- Marie explains that eligibility varies by state, with New South Wales' criteria set out in the Succession Act.
- Eligible people in New South Wales include spouses, children, close personal relationships, household members, and former spouses.
- Tony and Marie discuss the complexity of laws across different states and the lack of uniformity.
- Tony inquires about the definition of a close personal relationship.
- Marie describes it as personal care provided to the deceased, such as living together or performing personal tasks.
- Paid carers are excluded from this category.
- Marie emphasizes that the term "spouse" includes de facto partners and that grandchildren can also contest a will if they were dependent at a particular point in time.
- Tony asks if babysitting grandchildren makes them eligible to contest a will.
- Marie explains that grandchildren must prove financial or other dependence to be eligible.
- She provides examples, such as living with the grandparent or receiving care, to meet the eligibility criteria.
- Tony and Marie discuss the need for common sense and additional factors in determining eligibility.
- Tony asks about the eligibility of de facto partners and flatmates.
- Marie explains that de facto relationships are assessed based on common life together, joint bank accounts, and public perception.
- She shares a case where a client was not eligible because they were receiving payment for services provided.
- Marie highlights the case-by-case assessment required to determine eligibility.
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