The court may have regard to the following factors in determining the issues in a Family Provision application:

  • Whether the applicant before the court who is seeking a share of the estate of the deceased is to be classified as an eligible beneficiary under the provisions of section 57 of the Succession Act 2066 (NSW)
  • Any family or other relationship between the applicant and the deceased including the nature and duration of the relationship
  • The nature and extent of the obligations or responsibilities owed by the deceased to the applicant
  • The nature and extent of the estate of the deceased including any liabilities
  • The financial resources including earning capacity and financial needs, both present and future, of the applicant
  • If the applicant is cohabitating with another person then the financial circumstances of that person
  • Any physical, intellectual or mental disability of the applicant
  • Age of the applicant
  • Any contribution (financial or non financial) made by the applicant to the acquisition, conservation and improvement to the estate of the deceased or to the welfare of the deceased or deceased person’s family in circumstances where there has been no adequate compensation made

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