In New South Wales, if you were a person who was both:
… you are eligible to make a claim upon their estate.
The phrase ‘member of the same household’ is not defined in the Act, but judges have said it requires some continuity or permanency of living arrangements.
It is possible to be a member of more than one household. For example, children in a shared custody arrangement may be a member of more than one household.
In one case a judge said that it is relevant whether or not a person has a key to the house. But that is just one potential indicator. If a person does not have a key it doesn’t necessarily mean they are not a member of the household. The court will consider the unique circumstances of each case.
Questions as to whether a boarder is a member of a household are more complicated. If you are a boarder at the time of death and you are caring for the deceased without payment it may be that your circumstances come within the definition of a ‘close personal relationship’ and you may be eligible that way.
Simply being a member of the same household does not mean you are eligible to make a claim. You also need to show that you have factors warranting the making an application and you that you were dependent upon the deceased.