Contesting a Will - How to Contest a Will in NSW | Challenging a Will & other Will Disputes

For free legal advice about contesting a will in Sydney and greater NSW, phone us right away - we provide up to 20 minutes over the phone with no obligation from expert family lawyers.

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Time Limits on Contesting a Will
When is it Possible to Contest a Will?
Who Can Challenge a Will?
Criteria Used by the Court in NSW When Contesting a Will
How Much Does it Cost to Contest a Will in NSW?
Will I Have to Go to Court to Contest a Will in NSW?

Time Limits on Contesting a Will - Have You Been Left Out of a Will? Act Quickly!

If you feel you have been left out of a will, you need to consult a family lawyer quickly. In NSW, the time limit on challenging a will has changed recently - you must contest a will within 12 months of the date that the will maker passed away.

Contesting a Will - When is it Possible?

A person making a will (the 'testator') has the right to distribute their estate as they see fit. However, there is legislation in place in NSW to protect those who feel the deceased had a 'moral responsibility' to provide for them. It is possible to contest a will when you feel the deceased has failed in meeting this responsibility when making their will.

Contesting a Will - Who Can Challenge a Will?

Social changes in recent years have seen increasing numbers of people with more complicated family structures (e.g. subsequent marriages). Under the Succession Act 2006 in NSW, contesting a will is not limited to spouses and children - friends or relatives who believe they have not been sufficiently provided for are also entitled to contest a will. This includes former spouses, de-facto partners, same-sex partners and any other dependants (wholly or partly dependent) including grandchildren and those living in a close personal relationship with the deceased. In order to be successful with a will dispute, you will need to prove to the Court that adequate provisions were not made for your maintenance, education or advancement in life.

Contesting a Will - Criteria Used by the Court in NSW

The criteria used by the Court in NSW to assess your rights when contesting a will include:

Is the will 'grossly unfair'?
Have you been left out of the will when you should have been provided for?
Were the testator's intentions clear? Did the testator have the mental capacity to understand what he/she was doing?
Have you been excluded from the will when you were either partially or fully dependant on the deceased?

Contesting a Will - How Much Does it Cost to Contest a Will in NSW?

The total cost to contest a will depends on when the claim is resolved - after a long drawn out application which is decided by the Supreme Court, or by negotiation or mediation before the will dispute reaches Court. As each case (and family) is different, once you have discussed the details with us we will have a much better idea about the legal costs involved to contest a will.

Will I Have to Go to Court to Contest a Will in NSW?

Where possible, will disputes are resolved through a settlement agreement. This prevents the matter going to Court and therefore reduces legal costs, brings earlier resolution and preserves family relationships.

In some instances however, contesting a will in Court cannot be avoided.

Arrange a consultation with an experienced family lawyer to discuss your eligibility to contest a will.

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