The inquirer is concerned about the death of her father who migrated to Australia some years ago from France.

On his death he had a number of properties in Sydney, and many other properties back in France.

The inquirer lives overseas and did not see a lot of her father but was still close and he had supported her financially over the years, so there seems to be sufficient family connection for her to claim.

However her brother who lived in Sydney turned the father against her daughter, and the father left her out of the Will.  The father left everything in Australia to his son’s children, but did not mention the assets in France in his Will.

The estate’s size is approximately $4m.

The inquirer has financial need, and the key thing is to see what assets can be claimed if she contests the Will.

Although NSW law purports to extend to real estate overseas, the law of  France will determine who shall inherit  the assets in France and the law of NSW will deal with who takes ownership of the Sydney property.

Accordingly she can bring the claim in NSW to challenge the Will, and the assets in NSW will be available to meet her claim.

In relation to the properties in France, it will be up to the local law to determine what share, if any, she takes, and the NSW Court will not be able to vary that.

However in making its award in NSW, the NSW Court will of course look to what  money the daughter may be entitled to in France, and if she is sufficiently provided for from the assets in France, they may make a decision that she shall have no entitlement to anything from the NSW assets.