Contesting a will means asking the Supreme Court of NSW to change how an estate is shared because the will (or the intestacy rules) did not make adequate provision for you. The legal name for this is a family provision claim.

It is different from challenging a will. A challenge argues that the will itself is not valid. If that is your concern, see our page on challenging a will.

Only an “eligible person” can apply. Under the Succession Act 2006 (NSW) this includes:

• the deceased’s spouse or de facto partner at the time of death
• a child of the deceased
• a former spouse
• a person who was dependent on the deceased at some time and was a grandchild or a member of the deceased’s household
• a person in a close personal relationship with the deceased at the time of death.

Some categories must also show factors that warrant the claim. We will tell you at the first meeting whether you are likely to be eligible.

A family provision claim must be made within 12 months of the date of death. The Court can allow a late claim in some circumstances, but you should not rely on that.

If the 12 months is close or has passed, contact us straight away.

The Court decides whether the provision made for you is adequate for your proper maintenance, education and advancement in life. It can consider a wide range of matters, including:

• your relationship with the deceased, and its length and nature
• your financial position and needs, now and in the future
• the size of the estate and the claims of other beneficiaries
• any contribution you made to the deceased’s welfare or property
• the deceased’s wishes and any gifts made during their life
• your conduct and the conduct of others.

1. First meeting. We review the will, your relationship with the deceased and your circumstances.
2. Early steps. We gather information about the estate and put the executor on notice.
3. Proceedings. If needed, we file a summons and supporting affidavit in the Supreme Court within the time limit.
4. Mediation. A lot of family provision claims are resolved at mediation.
5. Hearing. If the claim does not settle, the Court decides it.

Costs depend on the size of the estate and how far the matter goes. We will explain our fees and the costs risks in writing before you commit.

If a claim has been made against an estate you are administering, you have duties to the estate and to all beneficiaries. See our pages on probate and deceased estates, or speak to us about defending the claim.

Contesting a will is a legally intricate and emotionally charged process that should not be undertaken lightly. It is essential to have valid grounds for challenging and to seek professional legal advice from an experienced estate lawyer to navigate through the complexities of the legal system and safeguard the rights and interests of all parties involved.

At Stephen Wawn & Associates, we understand the importance of ensuring that a deceased person’s assets and property are distributed according to their wishes. If you are considering contesting a will, contact us today to schedule a consultation with one of our experienced will challenge lawyers.

Stephen Wawn & Associates acts in family provision claims in the Supreme Court of NSW from our office in Edgecliff. Call (02) 9328 1000, Monday to Friday, 9:00 am to 5:00 pm, or send us your enquiry.