Mary’s father recently died. She is middle aged.

Mary has one sister who is alive, but her brother Harold, died many years ago.

Harold had three children, who are aged 10, 11 and 12.

During the life of Mary’s father, he supported Harold’s three infant children, who were taken

in by another relative. The grandfather paid their school fees, living expenses and the like.

As they were dependent upon their grandfather at the date of death, it would seem that they

have a strong claim against their grandfather’s estate but they will need to get a relative to

stand in and claim for them.

The amount that they get bears no relation to their deceased father’s position in the family.

There is no automatic rule that they should get 1/3 of the estate, by claiming what their father

would have received it he was alive, and in fact they could get more or they could get less

than 1/3.

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Comments by Terry Johansson, Specialist Wills and Estates Lawyer, CWPL

The primary issue here is that the grandchildren were dependent upon their grandfather at the

date of death, and it is only then necessary to see whether they can fit into a class of applicants in

the State in which they live. In some States grandchildren are specifically able to bring a claim,

and in other States they may be successful in bringing a claim by virtue of being a dependent at

the date of death.

00683.6/CQ/CHA/20165333/C/XXX/CGH/CF/?