Can a Grandchild Contest a Will in NSW? What the Law Actually Says

Not every grandchild has the right to make a claim against a grandparent's estate. But in certain circumstances, they can. A 2025 Supreme Court decision makes clear exactly how high that bar is set. Brooke Febo, Solicitor at Dawson Pouwhare say

"Grandchildren often assume that a close relationship with a grandparent gives them some kind of entitlement. The law is more specific than that."

Who Qualifies as an Eligible Person?

Under the Succession Act 2006 (NSW), grandchildren are not automatically eligible to make a family provision claim. To qualify, a grandchild must establish that at some point they were wholly or partly dependent on the deceased and are a grandchild of the deceased, or that they were a member of the deceased's household in a substantial way.

Establishing eligibility is only the first step. Even if a grandchild qualifies as an eligible person, they must also demonstrate that there are "factors warranting" the court's intervention: circumstances that make it appropriate for the court to look at whether the will made adequate provision for them.

What Does Dependency Actually Mean?

Dependency is assessed as a practical matter, not an emotional one. The court looks for regular, ongoing financial support from the deceased: payment of living or schooling expenses, provision of accommodation, or meeting day-to-day costs.

"Occasional gifts, sporadic help, or a close emotional bond are not enough," Brooke explains. "The support needs to have been meaningful and ongoing. That is a specific threshold."

What Are Factors Warranting?

Factors warranting refer to circumstances that justify the court intervening in how an estate is distributed. For grandchildren, this typically involves situations where the deceased effectively stepped into a parenting role: taking on long-term caregiving responsibility, housing, education or daily care in a way that went beyond the typical grandparent relationship.

A 2025 Case That Sets the Standard

In Broadus v Cradduck [2025] NSWSC 402, an adult grandson brought a family provision claim after being left out of his grandfather's will. The grandfather had left his entire estate to his surviving son.

The court examined the evidence carefully. What it found was sporadic visits and occasional financial assistance, not the kind of ongoing dependency or household membership the Act requires. The grandson was not found to be a member of the deceased's household, and the court concluded that prevailing community standards did not impose any obligation on the grandfather to provide for an adult grandchild in these circumstances.

The claim was dismissed.

"This case is a useful illustration of where the threshold sits," Brooke says. "An adult grandchild faces a genuinely high bar. Feeling entitled to a share of an estate is not the same as being legally entitled to one."

What This Means for Families

Whether you are a grandchild considering a claim, or an executor facing one, early legal advice is important. Time limits apply under the Succession Act, and the strength of a claim depends heavily on the specific facts and evidence.

Dawson Pouwhare Legal & Conveyancing provides advice on family provision claims and estate disputes across Lake Macquarie and the Hunter. Contact our team on (02) 4954 8666 to discuss your circumstances in confidence.