What Does a ‘Close Personal Relationship’ with the Deceased Mean Under NSW Law
- Justeen Dormer
- Jun 17, 2021
- 3 min read
Updated: Apr 17
Will Disputes, Estate Disputes
To contest a will in NSW, you first need to be an "eligible person". One way to prove this is by showing you were in a ‘close personal relationship’ with the deceased person when they died.
But what does a ‘close personal relationship’ actually mean? The law can be a bit tricky to understand. This article, from our expert will dispute lawyers, will explain how this term is defined and what it means for you.
What is a ‘Close Personal Relationship’ in NSW?
According to the Succession Act 2006 (NSW), a close personal relationship is defined as a relationship between two adults (not a marriage or de facto relationship) who live together, where one or both provide domestic support and personal care to the other. This can apply whether you are related by family or not.
Based on this definition, you cannot be in a close personal relationship if:
One person is under 18.
The two people are married or in a de facto relationship.
They do not live together.
Neither person provides domestic support and personal care to the other.
The law also excludes relationships where care is provided for a fee or on behalf of an organisation. This means a formal carer-patient relationship does not count as a close personal relationship for the purpose of a will dispute.
If you think you have been unfairly left out of a will, our will dispute lawyers in NSW can help you understand your rights.
What Kinds of Relationships Qualify?
The term ‘close personal relationship’ might sound like it only applies to romantic couples, but that’s not the case. The courts have confirmed it can include a wide range of relationships. It doesn’t have to involve sharing your lives and property completely.
As long as the relationship meets the legal requirements—two adults living together and providing domestic support and care—it can be considered a close personal relationship when contesting a will.
What Does "Living Together" Mean?
While the Succession Act 2006 (NSW) requires that the two people live together, the courts have interpreted this flexibly. It doesn't necessarily mean you have to live together full-time in the same house.
Shared Residence: The court has found that a "sufficient shared residence" is enough.
Multiple Homes: You can be considered to be ‘living together’ even if you have separate homes that you occupy at different times.
Quality of Relationship: The focus is often on the quality of the relationship rather than just being in the same house.
The courts recognise that modern living arrangements can be complex, and the definition is adaptable.
What is "Domestic Support and Personal Care"?
For a relationship to qualify, one or both people must provide the other with both domestic support and personal care.
This can include a wide range of activities, such as:
Shopping for groceries.
Preparing and serving meals.
Helping with cleaning and household chores.
Assisting with medication.
Providing financial support.
Helping to furnish the home.
What matters most is the reason for the care. The support must come from the personal bond between the two people, not because of payment or a formal arrangement. If the main reason for the care is financial gain, it will not be considered a close personal relationship under the law.
Did the Relationship Exist at the Time of Death?
To be eligible to make a claim, the close personal relationship must have existed at the time of the person’s death. It doesn't matter if you had a close personal relationship in the past; what counts is the relationship status when they passed away.
Talk to Our NSW Will Dispute Lawyers
If you believe you were in a close personal relationship with a loved one and have been left out of their will, you may be able to make a family provision claim.
Contesting a will can be an emotional and difficult process, but you don't have to go through it alone. Our experienced will dispute lawyers are here to provide clear, compassionate advice and guide you through every step. Contact us today for a confidential discussion about your situation.
