Probate · Will disputes · NSW
Left out of a will, or left less than you need? You may be able to ask the Supreme Court of NSW for a fairer share, usually within 12 months of the death. We also help executors who receive a claim.
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Your options
If you were left out of a will, or left less than you need, you may be able to ask the Supreme Court of NSW to order a fairer share. This is called a family provision claim, and it usually has to be filed within 12 months of the date of death. We explain whether you are eligible, what a claim involves and what it may cost. We also help executors who receive a claim. You can meet us at our office in Marrickville, in Sydney's Inner West.
“Contesting a will” can mean two different things in NSW, and they follow different rules.
This is the most common kind of will dispute. You do not say the will is invalid. You ask the Court to order that more provision be made for you from the estate, because the will did not make adequate provision for your proper maintenance, education or advancement in life. A claim can also be made when there is no will and the estate passes under the intestacy rules. Only certain people can apply, and there is a time limit.
This asks the Court not to accept the will, or part of it, for example because the will-maker did not have the mental capacity to make it or was pressured into it. If the challenge succeeds, an earlier will, or the intestacy rules, may apply instead.
Some disputes involve both. We look at your situation and explain which route, if any, fits.
A family provision claim must usually be filed within 12 months of the date of death. See the time limit.
When to talk to us
People usually contact us at one of these points. A short outline is enough to start.
A parent, spouse or partner has died and the will leaves you nothing, or much less than you need.
You relied on them financially or lived in their household, and the will does not provide for you.
The estate passes under the intestacy rules, and those rules do not provide properly for you.
You are worried about the will-maker's capacity, pressure from someone else, or how the will was signed.
You have received notice of a claim, or a family member says they will contest the will.
It is getting close to 12 months since the death. Please call us as soon as you can.
Eligibility
Under the Succession Act 2006 (NSW), only an “eligible person” can apply. In plain terms, that is:
Being eligible is only the first step. The Court then decides whether you were left without adequate provision for your proper maintenance, education or advancement in life and, if so, what provision should be made. It looks at many things, including your financial position and needs, your relationship with the person who died, the size of the estate and the claims of other people. For a former spouse, and for people who are eligible through dependency or a close personal relationship, the Court must also be satisfied that there are factors that warrant the claim.
Stepchildren, grandchildren and carers are not automatically eligible, but some qualify through dependency, living in the same household or a close personal relationship. Tell us your situation and we will explain where you stand.
Time limit
A family provision claim must usually be filed within 12 months of the date of death. After that, you need the Court's permission, and you will have to explain the delay. Do not assume that a late claim will be allowed.
The time runs from the death, not from the grant of probate, so get advice early even if probate has not been applied for.
The process
Every claim is different, but most follow these steps. A claim can be resolved by agreement at any stage.
We look at the will, the estate and your circumstances, and tell you whether you are eligible and what a claim may involve. We gather the information the Court will need about your finances, your health and your relationship with the person who died.
We usually write to the executor to set out your claim and put them on notice of it. This often opens negotiations.
Within 12 months of the death
If the claim is not resolved, proceedings are started in the Supreme Court of NSW with a summons and affidavits. The executor must give the Court information about the estate and give notice of the claim to other people who may be eligible.
Unless the Court orders otherwise, family provision claims are referred to mediation at the earliest practicable time. If the claim settles, the agreement is recorded in court orders.
A judge hears the evidence and decides whether to order provision for you, and how much.
The Court's own guide is on the Supreme Court of NSW website (contested proceedings).
Validity
A challenge to the will's validity is different from a family provision claim. It asks the Court not to accept the will, or part of it. The usual reasons are that:
Even when the signing rules were not followed, the Court can sometimes accept a document as a will. If you have concerns before probate is granted, a caveat can be lodged with the Supreme Court to stop a grant being made while the question is looked into. A caveat generally stays in force for 6 months from the date it is filed.
Disputes about validity are also usually referred to mediation before a final hearing.
For executors
An executor's job is to look after the estate for everyone entitled to it. If someone makes, or says they will make, a family provision claim:
We can advise you on your duties, deal with the claimant's lawyers and prepare the estate's evidence. Read more about administering an estate in NSW.
Costs
Before any work begins, we give you a written estimate of our costs. If the estimate changes, we tell you.
In family provision cases, the Court decides who pays the legal costs. Costs are often ordered to be paid from the estate, but that is not automatic. An applicant whose claim fails may be ordered to pay the other side's costs. Where the estate is smaller, for example worth less than $1 million, the Court can limit the costs a party may recover.
Court filing fees also apply, and we include them in our estimate. We explain how costs may affect what you receive, so you can weigh up whether a claim is worth bringing.
Getting ready
Bring what you have. It is fine if some of it is missing.
Who will help you
Solicitor
Will disputes at CM Lawyers are looked after by Christine Manolakos, a solicitor with over 30 years of experience, at our office in Marrickville, in Sydney's Inner West. She explains your options in plain English, including the costs and the risks, before you decide what to do.
Questions
Not automatically. A grandchild may be eligible if they were at some time wholly or partly dependent on the person who died. A stepchild may be eligible if they were at some time dependent on the person who died and lived in the same household, or if they lived in a close personal relationship with them. For these claims the Court must also be satisfied that there are factors that warrant the application.
A claim may still be possible. In some cases the Court can treat property that has left the estate, or that passed outside the will, as “notional estate” and make orders against it. The rules are technical and time-sensitive, so get advice quickly.
It depends on the estate and on how quickly the parties can agree. Claims are usually referred to mediation at an early stage, and a claim that settles then finishes much sooner than one that goes to a final hearing. We give you a realistic idea of timing once we know the details.
No. The 12-month time limit runs from the date of death, whether or not probate has been granted. If no one has applied for a grant, there are ways to have the estate represented in the proceedings. Talk to us early.
Yes. If the person died without a will, their estate passes under the intestacy rules. An eligible person can still make a family provision claim if those rules do not make adequate provision for them.
Not always. A claim can be resolved by negotiation, and claims are usually referred to mediation before any hearing. If a claim does not settle, a judge of the Supreme Court decides it.
Related pages
Service
Making or updating a will, and planning your estate.
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What probate is and when it is needed.
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Help for executors, from the grant to the final distribution.
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When there is no will, or no executor able to act.
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Supreme Court filing fees and how legal costs work.
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Disagreements between executors and beneficiaries.
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Questions about whether a will is valid.
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Advice and representation in probate matters.
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Make an enquiry
Tell us who died, the date of death and how you are related. Please don't include confidential details yet; we check that we can act for you before we discuss your matter.
If it is close to 12 months since the death, please call us.
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Level 3, Unit 3.07
18–30 Faversham Street
Marrickville NSW 2204
You can drive up to Level 3, and two hours' free parking is available at the Wicks Place car park, 186 Victoria Road.
General information only
This page gives general information about contesting a will in New South Wales as at October 2026. It is not legal advice about your situation. Time limits are strict, and the law and Court procedures change, so please get advice about your own circumstances.
Disclaimer: This website provides general information only. Nothing on this site should be taken to comprise legal advice or used as a substitute for detailed and competent legal advice. While the information contained in this website is believed to be accurate and current, it is provided by CMLawyers in good faith on an “as is” basis. CMLawyers, its directors, officers or employees make no representation or warranty as to the reliability, accuracy or completeness of the information contained on this website, and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained in this website.
