When do disputes occur?

Challenges to a Will or estate can occur for several reasons. Common triggers include: The contents of the Will appear inconsistent with the deceased's known intentions A newer document exists, but it is unclear whether it legally overrides the earlier Will Concerns that someone may have influenced the Will-maker unfairly The Will was created when the person lacked mental capacity to make binding decisions Executors or administrators are not fulfilling their responsibilities to the estate or beneficiaries In many cases, disputes can be resolved early. Avoiding court can reduce costs and help preserve estate assets. We assist both those making a claim and those defending one, helping to assess the situation and work toward a practical outcome.

How is a Will or estate disputed?

In New South Wales, eligible individuals can file what’s known as a family provision claim if they believe they have not been properly provided for in a Will or estate. These claims are made through the Supreme Court. Before any changes are made, the Court looks at a number of factors, including the relationship between the parties, the size of the estate, and what provisions were made. However, not all matters end up in court. Many are settled through negotiation or mediation, allowing families to avoid a drawn-out process. Whether you are raising a claim or responding to one, we can assist with the next steps.

Who is eligible to contest a Will?

The Succession Act sets out who is eligible to make a claim. This may include: A husband or wife of the deceased A de facto partner at the time of death A child, whether biological or adopted A former spouse A grandchild or relative who was financially dependent on the deceased A person who lived with and cared for the deceased without payment In some cases, others may also be eligible if they can show they had a close relationship and relied on the deceased for financial support.

Are there any time limits that apply?

Yes. A claim must generally be filed within 12 months from the date of death. In rare cases, the Court may allow a late application, but this depends on the circumstances. If you are thinking about taking action, or you believe a claim may be made against the estate, it’s best to act early to avoid unnecessary complications.

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Contesting and Defending a Will – Will, Inheritance and Estate Disputes

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From contesting unfair outcomes to protecting the wishes set out in a Will, we bring the experience needed to manage the process with care.

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If you have been left out of a Will or believe the way an estate was divided is unfair, you may have the right to take action. Likewise, if you are defending a Will from a claim brought by someone who feels they missed out, it is important to respond with care.

Disputes can arise for many reasons. Blended families, informal arrangements, and unclear instructions often make these matters more complicated than expected.

We assist clients on both sides of the process. Whether you are questioning the outcome of a Will or working to uphold its terms, we can assess your position, review the paperwork, and help you move forward with a clear and practical plan.

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Wills & Estate Planning

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Frequently Asked Questions About Will Disputes

When do disputes occur?
Challenges to a Will or estate can occur for several reasons. Common triggers include:
- The contents of the Will appear inconsistent with the deceased's known intentions
- A newer document exists, but it is unclear whether it legally overrides the earlier Will
- Concerns that someone may have influenced the Will-maker unfairly
- The Will was created when the person lacked mental capacity to make binding decisions
- Executors or administrators are not fulfilling their responsibilities to the estate or beneficiaries
In many cases, disputes can be resolved early. Avoiding court can reduce costs and help preserve estate assets. We assist both those making a claim and those defending one, helping to assess the situation and work toward a practical outcome.
How is a Will or estate disputed?

In New South Wales, eligible individuals can file what’s known as a family provision claim if they believe they have not been properly provided for in a Will or estate. These claims are made through the Supreme Court.

Before any changes are made, the Court looks at a number of factors, including the relationship between the parties, the size of the estate, and what provisions were made.

However, not all matters end up in court. Many are settled through negotiation or mediation, allowing families to avoid a drawn-out process. Whether you are raising a claim or responding to one, we can assist with the next steps.
Who is eligible to contest a Will?
The Succession Act sets out who is eligible to make a claim. This may include:
- A husband or wife of the deceased
- A de facto partner at the time of death
- A child, whether biological or adopted
- A former spouse
- A grandchild or relative who was financially dependent on the deceased
- A person who lived with and cared for the deceased without payment
In some cases, others may also be eligible if they can show they had a close relationship and relied on the deceased for financial support.
Are there any time limits that apply?

Yes. A claim must generally be filed within 12 months from the date of death. In rare cases, the Court may allow a late application, but this depends on the circumstances. If you are thinking about taking action, or you believe a claim may be made against the estate, it’s best to act early to avoid unnecessary complications.

What may be considered a relevant Claim?
The Court considers a wide range of issues when deciding whether to grant provision from an estate. These include:
- What the Will says, and any explanations left by the deceased
- What the claimant and other beneficiaries have already received
- The relationship between the claimant and the deceased
- The overall value and structure of the estate
- Any moral or financial responsibility owed to the claimant
- The claimant’s financial circumstances and future needs
- Whether the claimant made contributions to the estate or cared for the deceased
- Age, health, and personal circumstances of those involved
- Whether the deceased was supporting the claimant at the time of death
- The conduct of all parties involved
- Relevant cultural considerations under Aboriginal or Torres Strait Islander traditions
- Any other factor the Court sees as relevant
Each matter is different, and outcomes depend on the specific facts.
Who pays for the costs of contesting a Will?

Usually, the estate covers the legal costs of the executor. A successful claimant may also have their legal fees paid from the estate. However, if the claim is weak or dismissed, the person who made the claim may have to cover their own costs or even pay the other side’s expenses.

If you are concerned about fees, speak with us. We can help you understand the financial side of making or responding to a claim.
Can I defend against a person challenging or disputing a Will?

Yes. If you are an executor or beneficiary and someone challenges the Will, it is important to respond promptly. Whether you are managing the estate or your share is at risk, we can help you prepare a response and protect your position.

Our team works with both executors and beneficiaries to resolve disputes in a fair and efficient way. If you are involved in a matter or expect one to arise, contact us early. Deadlines apply, and acting quickly can make a meaningful difference.