The Supreme Court of Queensland has held that an aboriginal person who was the biological nephew of a deceased person, but regarded by traditional Aboriginal custom as her child, may indeed be a “child” or “issue” for the purposes of both Part 3 (the intestacy provisions) and Part 4 (family provision) of the Succession Act 1981 (Qld).

An application to strike out the proceedings was dismissed, with costs.

Read Gundy v Eatts here.