The rise in divorce rates and blended families has resulted in
changes in family dynamics and has added complexity to the way in
which people view their estate planning needs. In some
circumstances, it has generated expectations on step-parents to
make provision for step-children in their Will and in other
circumstances, it has resulted in contested estate litigation where
step-children may not have been considered in a deceased's
persons Will.
In order to contest a person's Will in New South Wales, the
applicant needs to be within the class of "eligible
persons" who have the legal right to bring a family provision
claim against a deceased estate.
The class of eligible beneficiaries is set out in section 57 of
the Succession Act 2006 and is summarised as follows:
