When people think about contesting a Will, they usually assume only spouses or children can make a claim. However, in some circumstances, grandchildren may also be entitled to seek provision from a deceased grandparent’s estate.
A recent New South Wales Supreme Court decision demonstrates that while these claims are possible, they are far from straightforward.
A granddaughter’s claim against her grandfather’s estate
In Barlow v Barlow [2026] NSWSC 484, a 27-year-old granddaughter applied for a family provision order after being left out of her grandfather’s Will.
Her grandfather’s estate was valued at more than $5.6 million and included properties in Burraneer and Shoal Bay. His Will left his estate to his four daughters, with no provision for any of his grandchildren.
The granddaughter argued that she had relied heavily on her grandparents throughout her life. She had lived with them as a child while undergoing heart surgery, returned to live with them as a teenager after leaving her mother’s home, and remained there for many years without paying rent. She also said she helped care for her grandfather during his later years.
She sought between $550,000 and $1 million to purchase a home, together with funds for a vehicle, future IVF treatment, ongoing living expenses and a contingency fund.
Can a grandchild make a family provision claim?
The answer is yes—but only in limited circumstances.
Under the Succession Act 2006 (NSW), grandchildren are not automatically entitled to make a family provision claim simply because they are related to the deceased.
Instead, they generally need to demonstrate that they were dependent on the deceased grandparent or that there are other factors that justify bringing the claim.
The Court has consistently stated that grandparents do not usually have the same legal or moral obligation to provide for grandchildren as they do for their own children.
Why the Court allowed the claim
The Court accepted that the granddaughter was an eligible person because she had been partially dependent on her grandfather during parts of her life, particularly through accommodation and some financial support.
However, eligibility is only the first step.
The Court then considered whether the Will failed to make adequate provision for her proper maintenance and advancement in life.
Although the estate was substantial, the Court found:
- she was employed full-time and had recently been promoted;
- she had earning capacity into the future;
- many of the expenses she claimed were not adequately supported by evidence;
- she had already benefited from years of free accommodation; and
- the deceased had intended his estate to benefit his surviving daughters.
Ultimately, instead of the hundreds of thousands of dollars she sought, the Court awarded $125,000.
Estate size is not enough
Many people assume that a large estate means everyone in the family is entitled to receive something.
That is not how family provision law works.
The Court made it clear that its role is not to redistribute an estate simply because there is “plenty to go around”. Instead, it must determine whether adequate provision has been made for an eligible applicant, taking into account their financial circumstances, relationship with the deceased and the competing claims of other beneficiaries.
What this means for families
This decision is a useful reminder that every family provision claim turns on its own facts.
A grandchild may have a valid claim where there has been genuine dependence on a grandparent, particularly if the grandparent effectively acted as a parent. However, simply having a close relationship or receiving gifts and financial assistance during life will not necessarily be enough.
Likewise, people preparing a Will should ensure it reflects their intentions clearly. If someone is being excluded or receiving a smaller share than expected, obtaining legal advice and properly documenting the reasons may help reduce the risk of future disputes.
How we can help
Family provision claims are often emotionally difficult and legally complex.
Whether you believe you have been unfairly left out of a Will or you are an executor defending a claim, obtaining legal advice early is essential. Strict time limits apply in New South Wales, and each case depends on its own circumstances.
Our experienced succession lawyers can advise you on your rights, assess the strength of a potential claim and guide you through every stage of the process.
Comment from Conrad Curry
“Many people believe that being a grandchild automatically gives them the right to challenge a Will. The law is much more nuanced than that. This case shows that eligibility is only the starting point. The Court will carefully examine the relationship between the grandparent and grandchild, any financial dependence and the applicant’s genuine needs before deciding whether further provision should be made.”
Conrad Curry, Director, The Law Office of Conrad Curry
Frequently Asked Questions
Can grandchildren contest a Will in NSW?
Yes. However, they must first establish that they are an eligible person under the Succession Act 2006 (NSW), which often requires proving some level of dependency on the deceased.
Does living with a grandparent guarantee a successful claim?
No. Living with a grandparent is only one factor the Court considers. The applicant must also show why adequate provision was not made for them.
Is there a time limit to make a family provision claim?
Yes. In most cases, proceedings must be commenced within 12 months of the deceased’s death, although the Court may allow late applications in limited circumstances.
DISCLAIMER
This article reflects the current law at the time of publication. Please note that cases may have been the subject to appeal or subsequent judicial consideration since the date of posting. The decisions referred to are summarised for general understanding only. It is intended for informational purposes only and does not constitute legal advice. For specific legal guidance in relation to your situation, please consult with a qualified legal professional.