Contesting a Will Lawyers in Sydney & NSW
- Expert legal advice for contesting a Will.
- Securing adequate provision from an estate.
- Dedicated advocacy for your rightful inheritance.
- Navigating will contests with clarity & strength.
Speak to a Lawyer Today
Experienced Lawyers Contesting Wills for:
Spouses & De Facto Partners
Assisting current spouses, de facto partners, and former spouses who have been unfairly provided for when contesting a Will for their proper share.
Spouses & De Facto Partners
Children of the Deceased
Expert guidance for adult children, adopted children, and minors who need to contest a parent's Will for adequate financial provision.
Children of the Deceased
Grandchildren & Dependents
Representing grandchildren who were financially dependent on the deceased and have grounds to contest the Will for maintenance and support.
Grandchildren & Dependents
Close Personal Relationships
Assisting people in a close personal relationship with the deceased in contesting the Will to seek the financial provision they deserve.
Close Personal Relationships
Members of the Household
Advising individuals who lived with and were dependent on the deceased, enabling them to contest the Will for rightful provision from the estate.
Members of the Household
Our Specialised Will Contesting Services
Claims for Inadequate Inheritance
We represent eligible family members and dependents who have received an inadequate inheritance, building a strong case to contest the Will.
Accessing Assets Outside the Will
Our lawyers specialise in claims that allow the court to access assets like superannuation or joint property to satisfy your entitlement.
Late Applications to Contest a Will
We provide expert representation if the 12-month deadline has passed, preparing a strong case to ask the court for permission to proceed.
Speak to us Now or Request a Consultation.
Our Process for Contesting a Will
1
Consultation & Claim Evaluation
We start with a confidential consultation to evaluate your eligibility to contest the Will and the merits of your potential claim for provision.
Consultation & Claim Evaluation
We start with a confidential consultation to evaluate your eligibility to contest the Will and the merits of your potential claim for provision.
2
Case Building & Evidence Preparation
Our lawyers guide you in preparing a strong case, compiling all necessary evidence of your financial need and your relationship with the deceased.
Case Building & Evidence Preparation
Our lawyers guide you in preparing a strong case, compiling all necessary evidence of your financial need and your relationship with the deceased.
3
Negotiation & Settlement Mediation
We engage with the estate’s representatives on your behalf, aiming to resolve the dispute through skilled negotiation or compulsory mediation.
Negotiation & Settlement Mediation
We engage with the estate’s representatives on your behalf, aiming to resolve the dispute through skilled negotiation or compulsory mediation.
4
Supreme Court Litigation
If an agreement cannot be reached, we provide expert litigation support, commencing court proceedings to secure a just outcome for you.
Supreme Court Litigation
If an agreement cannot be reached, we provide expert litigation support, commencing court proceedings to secure a just outcome for you.
Rated 5-Star By Our Clients
Why Clients Choose Us
Decades of Experience
Our Wills & Estates lawyers have over 50 years of experience, specialising in contesting Wills to achieve fair and adequate provision for our clients.
Decades of Experience
Our Wills & Estates lawyers have over 50 years of experience, specialising in contesting Wills to achieve fair and adequate provision for our clients.
Compassionate Service
We understand that contesting a Will is a sensitive matter. We provide clear, empathetic advice that is tailored to your personal circumstances and needs.
Compassionate Service
We understand that contesting a Will is a sensitive matter. We provide clear, empathetic advice that is tailored to your personal circumstances and needs.
Robust Advocacy
We build a compelling case on your behalf, preparing strong evidence and arguments to effectively negotiate for your rightful inheritance from the estate.
Robust Advocacy
We build a compelling case on your behalf, preparing strong evidence and arguments to effectively negotiate for your rightful inheritance from the estate.
Focus on Cost-Effective Settlement
Our goal is always to resolve your dispute through skilled negotiation or mediation, securing your provision while minimising the cost and stress of court proceedings.
Focus on Cost-Effective Settlement
Our goal is always to resolve your dispute through skilled negotiation or mediation, securing your provision while minimising the cost and stress of court proceedings.
Speak to us Now or Request a Consultation.
Your Right to Contest an Unfair Will
If you have been left with inadequate provision in a Will, NSW law provides a pathway to seek a fairer outcome. Contesting a Will is not about disputing its validity, but about asking the court to re-evaluate the distribution of the estate based on the deceased’s moral duty to provide for their dependents.
This legal process, known as a Family Provision Claim, allows an eligible person to apply to the Supreme Court for a greater share. The court assesses whether the provision made was adequate for your proper maintenance and support, considering your financial needs and relationship with the deceased.
Who Can Contest a Will & When to Act
The right to contest a Will is reserved for “eligible persons,” which primarily includes the deceased’s spouse, children, de facto partners, and former spouses. Others, like dependent grandchildren or household members, may also qualify under specific circumstances.
In NSW, you have a strict time limit of 12 months from the date of death to commence proceedings. It is vital to seek legal advice promptly to determine your eligibility and ensure your application is filed before this deadline expires, protecting your opportunity to contest the Will.
Speak to us Now or Request a Consultation.
How Can Our Expert NSW Wills & Estate Lawyers Help?
Wills Drafting & Review
Crafting & updating clear, legally sound Australian wills to ensure your specific wishes for your domestic assets are documented & protected & more…
Wills Drafting & Review
Domestic Estate Planning
Developing tailored Australian estate plans to safeguard domestic assets, minimise tax, & provide for your loved ones effectively & more…
Domestic Estate Planning
International Estate Planning
Expert advice on cross-border estate planning, international wills & trusts, managing overseas assets & navigating tax-efficient wealth transfer strategies & more…
International Estate Planning
Challenging a Will
(Validity Issues)
(Validity Issues)
Expertly challenging the validity of a will based on grounds like undue influence, lack of testamentary capacity, suspicious circumstances, or fraud & more…
Challenging a Will
(Validity Issues)
Contesting a Will
(Family Provision Claims)
(Family Provision Claims)
Assisting eligible persons to contest a will for adequate provision under the Succession Act 2006 (NSW), navigating negotiations & court claims for a fair share & more…
Contesting a Will
(Family Provision Claims)
Defending a Will
Representing executors & beneficiaries in defending the validity of a will against challenges or defending against family provision claims & more…
Defending a Will
Grant of Probate
Guiding Executors through the Supreme Court process to obtain a Grant of Probate, which officially validates the Will and authorises them to act.
Grant of Probate
Appointment of Enduring Power of Attorney
Preparing essential enduring powers of attorney to appoint trusted individuals for your critical financial & legal decisions if you lose capacity & more…
Appointment of Enduring Power of Attorney
Appointment of Enduring Guardian
Drafting appointments of enduring guardians to make crucial personal, lifestyle & healthcare decisions on your behalf if you’re unable & more…
Appointment of Enduring Guardian
Testamentary Trusts
Establishing effective testamentary trusts within your will for asset protection, tax benefits, and flexible provision for beneficiaries & more…
Testamentary Trusts
Intestacy Law & Advice
Guiding families through the complexities of intestacy when a loved one dies without a valid will, ensuring legal distribution of assets & more…
Intestacy Law & Advice
Letters of Administration
Resolving disputes between executors, administrators, or beneficiaries regarding the management & administration of a deceased estate & more…
Letters of Administration
Administration of Estate
Assisting Executors with the administration of deceased estates, ensuring the lawful and efficient collection, management, distribution of assets & more…
Administration of Estate
Advance Care Directive
Drafting clear and legally sound directives to outline your future medical treatment and end-of-life care wishes & more…
Advance Care Directive
Special Disability Trusts
Establishing specialised trusts to provide for the long-term care and financial security of a loved one with a severe disability & more…
Special Disability Trusts
Contesting a Will FAQs
What does it mean to "contest" a Will?
Who is an "eligible person" to contest a Will in NSW?
Eligible persons are defined by law and include spouses, de facto partners, children, and former spouses. Grandchildren or members of the household may also be eligible if they were dependent on the deceased.
Is there a time limit to make a Family Provision Claim in NSW?
Yes. In NSW, a Family Provision Claim must be filed with the court within 12 months from the date of the deceased’s death.
Can the 12-month time limit be extended?
The court may grant an extension, but only if you can show a “sufficient cause” for the delay. It is crucial to seek legal advice well before the deadline expires.
What factors does the court consider in a claim?
The court considers many factors, including your financial needs, your relationship with the deceased, the size of the estate, and the needs of the other beneficiaries named in the Will.
Do I have to prove I am in financial need?
Yes. A key part of a Family Provision Claim is demonstrating to the court that you have a financial need and that the provision made for you in the Will (if any) was inadequate for your proper maintenance and advancement in life.
Can I contest a Will if I was already left something?
Yes. If the amount you were left is considered inadequate for your proper maintenance and support, you can still make a Family Provision Claim for further provision from the estate.
Can adult children contest their parent's Will?
Yes. Adult children are listed as eligible persons and can make a Family Provision Claim, particularly if they can demonstrate a financial need.
Can a stepchild contest a Will?
A stepchild is not automatically eligible. They must typically prove they were a member of the deceased’s household at some point and were wholly or partly dependent on the deceased.
Can a grandchild contest a Will?
A grandchild is not automatically eligible. They must typically prove they were wholly or partly dependent on the deceased at some point to be considered an eligible person.
Can a former spouse contest a Will?
Yes. A former spouse is listed as an eligible person who can make a Family Provision Claim in NSW.
Will I have to go to court for my claim?
Not always. The vast majority of Family Provision Claims are resolved through negotiation or at a compulsory mediation before reaching a final court hearing.
What is mediation in a Will dispute?
Mediation is a confidential process where a neutral mediator helps all parties discuss the issues and negotiate a mutually acceptable settlement, which can then be approved by the court.
How much will I receive if my claim is successful?
There is no set amount. The court determines what provision is adequate based on the specific facts of your case, your needs, and the size of the estate.
Who pays the legal costs for a Family Provision Claim?
If a claim is successful and an order for provision is made, the court will usually order that the claimant’s legal costs are paid from the deceased’s estate. However, this is always at the court’s discretion.
Can I make a claim if there is no Will (intestacy)?
Yes. If the rules of intestacy (which apply when there is no Will) result in you receiving inadequate provision, an eligible person can still make a Family Provision Claim against the estate.
What is "notional estate"?
In NSW, notional estate refers to assets not directly owned by the deceased at death (e.g., jointly owned property or superannuation) that the court can claw back into the estate to satisfy a Family Provision Claim.
Can superannuation be included in a Family Provision Claim?
Yes. In NSW, superannuation death benefits can often be designated as notional estate by the court, making them available to satisfy a successful claim.
How long does a Family Provision Claim take to resolve?
A claim can take several months to resolve if settled early through negotiation or mediation. If it proceeds to a final court hearing, it can take a year or more.
What is the first step to make a Family Provision Claim?
The first step is to seek expert legal advice immediately. A lawyer can assess your eligibility, the strength of your claim, and ensure you act within the strict 12-month time limit.
Expert Legal Help For All Your Needs
Strata Law
Property and strata disputes, building defects claims, setting up new Owners Corporations and more…
Construction & Building Law
Construction and building disputes, building defects, delays and claims, debt recovery and more…
International Estate Planning
Cross-border estate planning, international wills and trusts, tax-efficient wealth transfer strategies and more…
Commercial & Business Law
Starting and scaling your business, banking and business financing, bankruptcy and insolvency and more…
Planning & Environment Law
Environment and planning regulation, land and environment court disputes, sub-divisions and more…
Wills & Estates
Creating, updating and contesting wills, estate planning and administration, probate applications and more…
Speak to us Now or Request a Consultation.
Helpful Links
Site information
How We Can Help
Liability limited by a scheme approved under Professional Standards Legislation.
Copyright © 2025 PBL Law Group. All Rights Reserved
