Can I contest a will if I have been estranged from the deceased for a long period of time?
Yes, so long as you are eligible under section 57 of the Succession Act 2006, however all facts of your case must be taken into consideration.
In Kay v Archbold [2008] NSWSC 254 White J stated that estrangement is certainly a factor which must be taken into consideration when determining what provision should be made however every case is different and should be looked at individually. White J held that there is no rule, irrespective of a claimant’s need, size of the estate, and the existence or absence of other claims on the estate that a claimant is not entitled to ‘ample’ provision if they have been estranged from the deceased person.