Contesting a Will in NSW
Contesting a will is something most people only think about during one of the most stressful times in life. Because of this, it’s no surprise that myths, misunderstandings and “legal advice” from friends can make the process even more confusing.
At Browne Linkenbagh Legal Services, we regularly help clients across the Blue Mountains and NSW cut through the confusion and understand their true legal rights. Here are the top 5 myths about contested wills in NSW — and the facts you should know.
Myth 1: “Only children can contest a will.”
Fact: Children are not the only people who can bring a Family Provision Claim.
Under the Succession Act 2006 (NSW), several types of people may be eligible, including:
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A spouse or de facto partner
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Former spouses (in some circumstances)
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Step-children or adopted children
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Grandchildren who were dependent on the deceased
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Anyone who lived in a close personal relationship with the deceased
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A person who lived with and depended financially on the deceased
Eligibility depends on your relationship, dependency, and involvement in the deceased’s life — not just biology.
Myth 2: “If there’s a will, it can’t be challenged.”
Fact: A will is not automatically final.
A will can be contested if:
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Adequate provision was not made for an eligible person
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The deceased lacked mental capacity
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Someone exerted undue influence
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The will was signed incorrectly
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Fraud or suspicious circumstances are suspected
Even well-drafted wills can be challenged if the law wasn’t followed or someone was unfairly left without proper provision.
Myth 3: “Contesting a will will destroy the family.”
Fact: Most matters never reach a courtroom.
The majority of contested will cases in NSW are settled through mediation, where parties negotiate a fair outcome in a private, respectful environment.
At Browne Linkenbagh Legal Services, we focus on resolving disputes:
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Efficiently
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Sensitively
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With minimal conflict
Often, raising concerns early helps avoid long-term resentment and protects family relationships.
Myth 4: “It’s expensive and not worth it.”
Fact: Many people are surprised by how accessible the process is.
The Court has the power to order that legal costs for a Family Provision Claim be paid from the estate, depending on the outcome and circumstances.
While every situation is unique, the idea that it’s always expensive or unaffordable is simply not true.
We provide clear, upfront advice about likely costs and prospects so you can make an informed decision.
Myth 5: “You can contest a will whenever you want.”
Fact: There is a strict 12-month time limit from the date of death to contest a will in NSW.
Missing this deadline can make your claim much harder — or impossible — to pursue.
If you are thinking about challenging a will, getting prompt advice can protect your rights and strengthen your case.
Why These Myths Matter
Believing these myths can lead to:
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Missed deadlines
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Lost entitlements
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Family stress
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Wrong assumptions about eligibility
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Not receiving proper legal guidance
Understanding the facts empowers you to make informed decisions and seek the support you deserve.
How Browne Linkenbagh Legal Services Can Help
Our experienced wills and estates team assists clients across the Blue Mountains and NSW with:
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Contested wills / Family Provision Claims
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Challenging the validity of a will
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Executor support and estate dispute resolution
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Mediation and negotiation
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Estate litigation when required
We provide compassionate, clear and practical advice during what is often an emotional and overwhelming time.
Need Advice About a Contested Will?
If you believe you’ve been left without proper provision — or you’re an executor facing a challenge — our team can guide you every step of the way.
Browne Linkenbagh Legal Services
Trusted local experts in contested wills and estate disputes.
Contact us now for a confidential meeting - by phone or zoom or in person.
02 4784 2177
info@browne-link.com.au
More information on contesting wills can be found:-
Office of NSW Trustee and Guardian