Chapter 3 of the Succession Act 2006 (NSW) (“ the Act ”) enables defined classes of eligible persons, found at section 57 of the Act, to institute proceedings seeking a Family Provision Order out of the estate of a deceased person. The Eligible Person hurdle must be established by evidence given on oath proving the fact that the person applying to challenge the Will is an Eligible Person. Further information on each category can be found by clicking below. (1) The following are eligible persons who may apply to the Court for a family provision order in respect of the estate of a deceased person: (a) a person who was the spouse of the deceased person at the time of the deceased person’s death, While a husband, wife or child can easily prove their eligibility, for the other categories it may … New South Wales Consolidated Acts (1) The following are "eligible persons" who may apply to the Court for a family provision order in respect of the estate of a deceased person: (a) a person who was the spouse of the deceased person at the time of the deceased person 's death, While a husband, wife or child can easily prove their eligibility, for the other categories it may be a difficult task. Applying to the Court for such an Order seeks provision or further provision out of the deceased’s estate. Each category has received special consideration by the Court leading to a body of case law in each area. The Eligible Person hurdle must be established by evidence given on oath proving the fact that the person applying to challenge the Will is an Eligible Person. A lawyer from our contested estates division will contact you for your free consultation. In NSW the Succession Act provides that only ‘Eligible Persons’ may apply to the Court for provision or further provision from the estate of a deceased person. What if the Will maker has lost capacity.
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