Which Beneficiaries Can Contest A Will? A Family Provision Claim can only be lodged in NSW if the testator was living in NSW before their death or if they owned real estate in NSW. A beneficiary can contest a will if they were: The testator’s spouse when they died; The testator’s de facto partner when they died; A child of the testator; A former spouse of the testator; Were partly or wholly dependent on the testator and lived in the same household as them; A grandchild if they were financially dependent on the testator; A person who had a “close personal relationship” with the testator and lived with them at the time of death. Several of these terms, specifically “de facto” and “close personal relationship”, have specific meanings in family law. Get More Information - Can a Beneficiary Contest a Will?