Challenging A Will – What Are Your Rights? – An Update

In one of our blogs from May this year (“Challenging A Will – What Are Your Rights?”) we set out some of the rights that an ‘eligible person’ may have in relation to a deceased’s estate if they have been gifted something less than they are entitled to or less than their relationship with the deceased would suggest.

Chapple v Wilcox [2014] NSWCA 392 heard the issue of whether or not a grandson was an ‘eligible person’ and could make a claim on his late grandfather’s Will where everything had been left to his mother – the daughter of the grandfather.

The Court of Appeal held that although it is “imprecise and variable” it is important to consider the “prevailing community standards” on whether or not a grandchild, in reasonable circumstances, could make a claim on a grandparent’s will. It was ruled that in most circumstances, a grandparent does not carry the burden of responsibility for a grandchild. This ruling is in line with s 57 of the Succession Act 2006 (NSW), as the grandson was not found to be dependent on, nor have a close personal relationship with, the grandfather.

It was found that the grandson held no claim to the grandfather’s estate.

The above is not intended as legal advice. You should obtain legal advice in relation to your own specific circumstances.

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