Contested wills are increasingly common in New South Wales as families become more complex and financial pressures grow. If you believe you have been unfairly left out of a will, or you’re an executor facing a dispute, understanding your rights is crucial.
At Browne Linkenbagh Legal Services, we help people across the Blue Mountains and NSW navigate the will-contesting process with confidence, compassion, and clarity.
Below is a simple guide to help you understand how contested wills work in NSW, who can challenge a will, and what steps you may need to take.
What Does “Contesting a Will” Mean?
Contesting a will generally means making a Family Provision Claim in the NSW Supreme Court. This occurs when someone believes the deceased did not make adequate provision for their proper maintenance, education, or advancement in life.
A will can also be challenged on the basis that it is invalid, for reasons such as lack of capacity, undue influence, or incorrect signing.
Who Can Contest a Will in NSW?
Under the Succession Act 2006 (NSW), only certain eligible people can make a claim. These include:
- A spouse or de facto partner
- Former spouse in some circumstances
- Children (including adopted and step-children in many cases)
- A grandchild who was dependent on the deceased
- Someone who lived in a close personal relationship with the deceased
- A person who was financially dependent on the deceased and lived with them
If you’re unsure whether you qualify, Browne Linkenbagh Legal Services can help assess your eligibility quickly.
How Long Do You Have to Contest a Will?
In NSW, you generally have 12 months from the date of death to file a Family Provision Claim.
Missing this deadline may prevent you from making a claim, so getting early advice is essential.
Common Reasons People Contest a Will
People usually challenge a will because:
- They were left out of the will entirely
- They received less than expected
- They relied financially on the deceased
- They believe another beneficiary exerted undue influence
- They suspect the deceased lacked mental capacity when signing the will
- They believe the will is invalid or improperly executed
What Does the Court Consider?
When deciding whether adequate provision was made, the Court looks at factors such as:
- Your financial position and needs
- The nature of your relationship with the deceased
- The size of the estate
- Any disabilities or health conditions
- Contributions you made to the deceased or their property
- Competing claims from other beneficiaries
Every case is different, and outcomes depend heavily on evidence and legal guidance.
How Long Does the Process Take?
Contested will matters can take 6–18 months, depending on complexity.
Many disputes are resolved out of court through mediation, which is often faster, less stressful, and more cost-effective.
Do You Need a Lawyer to Contest a Will?
While you can technically file a claim without a lawyer, contested wills are legally complex and emotionally charged.
An experienced wills and estates lawyer can:
- Advise on your chances of success
- Gather supporting evidence
- Manage negotiations and mediation
- Represent you in court if needed
- Reduce stress and protect family relationships where possible
At Browne Linkenbagh Legal Services, we guide clients through each step with practical advice and compassionate support.
How Browne Linkenbagh Legal Services Can Help
Our team assists clients throughout the Blue Mountains and NSW with:
- Family Provision Claims (contesting or defending a will)
- Challenging the validity of a will
- Executor support and dispute management
- Mediation and settlement negotiations
- Estate litigation and court representation
We aim to resolve matters efficiently and with minimal conflict, while ensuring you receive the provision the law says you deserve.
Thinking About Contesting a Will? Get Trusted Local Advice
If you believe you have been unfairly left out of a will—or you’re an executor facing a challenge—getting early legal guidance is vital.
Browne Linkenbagh Legal Services offers clear, friendly advice tailored to your situation.
Contact our team for more information at info@browne-link.com.au or 47842177.
Useful Links
Supreme Court of NSW:
https://www.supremecourt.nsw.gov.au
Legal Aid NSW:
https://www.legalaid.nsw.gov.au