A grandchild who was partly dependent on the deceased (including through childcare and emotional support provided while the grandchild's parent worked) is an eligible person under s 57(1)(e) of the Succession Act 2006 (NSW), even where the grandchild's parent remained the principal caregiver. Where beneficiaries elect not to put their financial circumstances in evidence, the court may infer they have adequate resources and do not wish to advance a competing financial claim. The Re Fulop test for 'factors warranting' (whether the applicant would be generally regarded as a natural object of testamentary recognition) is preferred over the Brown v Faggoter 'reasonable prospects of success' test.
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