Episode 7: Family Provision 101

Max introduces the podcast and welcomes Marie Harris, the guest expert. Tony Skinner explains the focus of the episode: contesting a will in New South Wales. Marie defines contesting a will as an application for further provision from an estate for maintenance, education, or advancement in life. Marie clarifies that contesting a will is different from challenging a will, which involves other types of claims. Tony asks about the eligible people to contest a will. Marie explains that eligibility varies by state, with New South Wales' criteria set out in the Succession Act. Eligible people in New South Wales include spouses, children, close personal relationships, household members, and former spouses. Tony and Marie discuss the complexity of laws across different states and the lack of uniformity. Tony inquires about the definition of a close personal relationship. Marie describes it as personal care provided to the deceased, such as living together or performing personal tasks. Paid carers are excluded from this category. Marie emphasizes that the term "spouse" includes de facto partners and that grandchildren can also contest a will if they were dependent at a particular point in time. Tony asks if babysitting grandchildren makes them eligible to contest a will. Marie explains that grandchildren must prove financial or other dependence to be eligible. She provides examples, such as living with the grandparent or receiving care, to meet the eligibility criteria. Tony and Marie discuss the need for common sense and additional factors in determining eligibility. Tony asks about the eligibility of de facto partners and flatmates. Marie explains that de facto relationships are assessed based on common life together, joint bank accounts, and public perception. She shares a case where a client was not eligible because they were receiving payment for services provided. Marie highlights the case-by-case assessment required to determine eligibility.