In New South Wales, an eligible person is considered to be:
A spouse; for example, the wife or the husband of the deceased;
A former wife or husband;
A de facto partner (including same sex couples);
A child of the deceased person, including an adopted child. Stepchildren are not automatically eligible to make a family provision application in NSW unless they are able to demonstrate dependency on the deceased person for accommodation, as well as proving that they were, at any particular time, a member of the same household of which the deceased person was a member;
A person who was dependent on the deceased person. This could be the deceased’s parent, or the parent of a surviving child of the deceased person under the age of 18 years of age, or a minor who was wholly or substantially supported by the deceased person at the time of their death.