Contesting a Will Lawyer Sydney, NSW

PBL Law Group is a leading NSW law firm specialising in contesting unfair Wills and securing your rightful inheritance.

  • Expertly challenging the validity of a Will.
  • Securing adequate provision from an estate.
  • Dedicated advocacy for your rightful inheritance.
  • Navigating will contests with clarity & strength.
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Who Our NSW Will Contest Lawyers Help

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Spouses & De Facto Partners

We assist spouses, de factos, & former spouses contest a Will for their proper and just share of the estate.

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Children of the Deceased

We provide expert guidance for children of all ages who have been left with inadequate provision from a parent's Will.

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Grandchildren & Dependents

We represent dependent grandchildren who need to contest a Will for financial maintenance & support.

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Close Personal Relationships

We provide a pathway for those in a close personal relationship with the deceased to seek the provision they deserve.

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Members of the Household

We advise dependent household members on their right to contest a Will for provision from the estate.

Our Services for Contesting a Will in NSW

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Claims for Inadequate Inheritance

We build strong Family Provision Claims for eligible persons who have been left with inadequate provision from a Will.

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Accessing Assets Outside the Will

We specialise in claims to access assets like superannuation or joint property to satisfy your rightful entitlement.

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Late Applications to Contest a Will

If the 12-month deadline has passed, we prepare strong cases to seek the Court’s permission to proceed with your claim.

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Our Process for Contesting a Will

Step 1
Claim Evaluation

We confidentially evaluate your eligibility to contest the Will & the merits of your potential claim for provision.

Step 2
Building Your Case

Our lawyers guide you in preparing a strong case, compiling all necessary evidence of your financial need & relationship.

Step 3
Negotiation & Mediation

We engage with the estate’s representatives, aiming to resolve your dispute through skilled negotiation or mediation to avoid court.

Step 4
Winning in Court

If unresolved, we provide expert litigation support & commence court proceedings to secure your just and fair outcome.

Meet Our NSW Wills & Estate Lawyers

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Why Choose Our Will Challenge Lawyers?

Proven Experience

Decades of experience specialising in contesting Wills & securing fair provision for our clients.

Honest Assessment

We give a thorough & honest assessment of your eligibility & the strength of your claim for provision.

Fierce Legal Advocacy

Fierce representation in negotiations & mediations to secure the fair inheritance you deserve without going to court.

A Just Outcome

We fight to ensure you receive adequate provision, achieving a just & fair outcome that reflects your needs.

Visit Our Sydney Wills & Estate Lawyers

We provide expert wills & estate planning advice to clients across NSW. Meet with our team at our central Sydney CBD office, or at our regional offices in GosfordGorokan & Coffs Harbour.

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Left Out? Contest the Will

If you’ve been left with an unfair or inadequate inheritance, NSW law gives you the right to seek a fairer share from the estate. This legal action is called a Family Provision Claim.

This process enforces the deceased’s moral duty to provide for their dependents. Our will contest lawyers build a powerful case based on your financial need & your relationship with the deceased to secure the provision you rightfully deserve.

The 12-Month Deadline

In NSW, you have a strict 12-month time limit from the date of death to file a Family Provision Claim with the Supreme Court.

If you miss this deadline, you risk losing your right to contest the Will forever. Seeking immediate legal advice is critical to protect your opportunity. Our will contest lawyers act quickly to evaluate your claim & commence proceedings before it’s too late.

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FAQs about Contesting a Will in NSW

What does it mean to “contest” a Will?

Contesting a Will usually means making a Family Provision Claim. This is an application to the Supreme Court arguing that a valid Will has not made adequate provision for your proper maintenance and support.

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. In some cases, 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. A Family Provision Claim must be filed 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 if you can show sufficient cause for the delay. Legal advice should be sought as early as possible.

What factors does the court consider in a claim?

The court considers factors such as your financial needs, your relationship with the deceased, the size of the estate, and the needs of other beneficiaries.

Do I have to prove financial need?

Yes. A key part of a Family Provision Claim is demonstrating financial need and that the provision made for you in the Will was inadequate.

Can I contest a Will if I was already left something?

Yes. If the provision you received is inadequate for your proper maintenance and support, you may still make a claim for further provision.

Can adult children contest their parent’s Will?

Yes. Adult children are eligible persons and may make a Family Provision Claim, particularly if financial need can be shown.

Can a stepchild contest a Will?

A stepchild is not automatically eligible. They usually must prove they were a member of the deceased’s household and were dependent on the deceased.

Can a grandchild contest a Will?

A grandchild is not automatically eligible and must generally prove they were wholly or partly dependent on the deceased.

Can a former spouse contest a Will?

Yes. Former spouses are listed as eligible persons and may bring a Family Provision Claim.

Will I have to go to court?

Not always. Most Family Provision Claims are resolved through negotiation or mediation before reaching a final court hearing.

What is mediation in a Will dispute?

Mediation is a confidential process where a neutral mediator helps parties negotiate a settlement that can be approved by the court.

How much will I receive if my claim is successful?

There is no fixed amount. Any provision is determined by the court based on your circumstances and the size of the estate.

Who pays the legal costs?

If a claim is successful, the court will usually order that legal costs are paid from the estate, although this is at the court’s discretion.

Can I make a claim if there is no Will?

Yes. If the rules of intestacy result in inadequate provision, an eligible person may still make a Family Provision Claim.

How Our NSW Wills & Estate Lawyers Can Assist You

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Wills Drafting & Review >

We draft & update clear, legally sound wills to ensure your final wishes are documented & protected.

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Dispute a Will >

Whether a Will is invalid or just unfair, we can help. We challenge Wills on grounds of incapacity or fraud & contest Wills for a fairer provision.

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Defending a Will >

We represent executors & beneficiaries to defend a will’s validity against challenges or family provision claims.

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Family Provision Claims >

Unfairly left out of a will? We help eligible persons contest a will & claim their fair share under the Succession Act 2006 (NSW).

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Domestic Estate Planning >

We create tailored estate plans to safeguard your Australian assets, minimise tax & provide for your loved ones.

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International Estate Planning >

Our experts advise on cross-border estate planning, international wills & trusts for tax-efficient global wealth transfer.

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Grant of Probate >

We guide executors through the Supreme Court process to obtain a Grant of Probate, validating the will & authorising you to act.

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Enduring Power of Attorney >

We prepare enduring powers of attorney to manage your future financial & legal decisions.

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Enduring Guardianship >

We draft enduring guardianships, appointing someone to make crucial personal, lifestyle & medical decisions if you’re unable.

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Testamentary Trusts >

We establish effective testamentary trusts within your will for superior asset protection, tax benefits & flexible beneficiary provision.

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Intestacy Law & Advice >

When a loved one dies without a will, we guide families through intestacy law to ensure the lawful distribution of assets.

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Letters of Administration >

We assist families in applying to the Supreme Court for Letters of Administration when there is no valid will or executor.

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Estate Administration >

We help executors with the administration of deceased estates, ensuring the lawful & efficient collection & distribution of assets.

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Advance Care Directives >

We draft clear directives outlining your medical treatment & end-of-life wishes to ensure they’re respected.

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Special Disability Trusts >

We establish specialised trusts to provide for the long-term care & financial security of a loved one with a severe disability.

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