The RMB Wills and Estates Division explains the circumstances in which a grandchild can challenge their grandparent’s Will
In NSW, grandchildren can make a family provision application if they feel they haven’t been properly provided for in their grandparent’s Will.
However, it’s harder for grandchildren to make a claim compared to other family members.
To apply, you must file the application within 12 months of your grandparent’s death. If you miss this deadline, the court might allow extra time if there’s a good reason, like not knowing about the death or the Will.
For a grandchild to be eligible, they must show that they were financially or emotionally dependent on their grandparent at some point in their life. This is a key requirement, and you will need to provide evidence of how and when you were dependent.
The court will look at several things when deciding whether to grant your claim. These include your financial situation, your relationship with your grandparent, how long the relationship lasted, and the size of the estate. The court will also consider if anyone else is making a claim and what your grandparent said in their Will, although the Will isn’t the final decision.
To start the process, you’ll need to file paperwork, including an affidavit explaining your relationship with your grandparent and your financial needs. The executor of the estate and other family members can respond. The court will often encourage everyone to try to settle the matter through mediation before going to a full court hearing, which can save time and money.
Family provision applications by grandchildren can be challenging because you have to prove that you were dependent on your grandparent. There may also be disputes with other family members.
Getting legal advice is important to help you understand the process, gather the right evidence, and make a strong case. A lawyer can also help you negotiate a settlement to avoid a court hearing.
The goal of a family provision application by a grandchild is to ensure that deserving family members get a fair share of the estate. By understanding the process and the factors the court considers, you can improve your chances of getting what you’re entitled to.
If you feel you haven’t been properly provided for in your grandparent’s will, contact RMB Lawyers today for help. Your first step should be to contact our office to arrange a consultation. You can contact us by by phone or our 'Ask a Question' tool on our website.