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ARTICLE · 03 AUGUST 2022

Proving dependency – can a grandchild contest a will? Which case won?

Only Eligible Persons may apply to the court for a family provision order in respect of the estate of a deceased person.

AustraliaFamily and Matrimonial

The Facts

Grandmother dies without seeing granddaughter in 15 years

A woman became a grandmother when her only child, a daughter, gave birth to a girl in 1995.

Sadly, the woman's daughter committed suicide in 1996 when the granddaughter was just 18 months old.

The granddaughter then lived with her father at various locations in the Brisbane area and in regional parts of NSW.

She visited her grandmother between 2000 and 2003.

However, from 2003 until the grandmother's death in September 2017, the grandmother and granddaughter did not see each other again.

Grandmother's new will reduces granddaughter's share of estate

In 2009 the grandmother had made a will granting small gifts to some of her friends and making her granddaughter her primary beneficiary.

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