In New South Wales, a former spouse of a deceased person is eligible to contest a will.
Although eligible to contest, there are few situations where such an applicant will be successful.
One example is if the former spouse/partner ended their relationship with the deceased prior to their death, but did not enter into a property settlement, without finalising their financial affairs. If there was no division of marital assets the former spouse may be able to argue that they should have been provided for in the will of the deceased and, depending on the other circumstances including the size of the estate and its competitors, may be successful in a will dispute claim.
There may be other circumstances in which a former spouse is able to challenge the will but it will depend upon the particular facts of each case.
Mostly, a former spouse who has had a property settlement with the deceased is unlikely to have a valid family provision claim as the court will view the property settlement as representing a finalisation of the couple’s financial affairs.