- Can I contest a will?
- Yes, you may be able to contest a will if you are an eligible person under the Succession Act 2006 (NSW) and you believe you have not been adequately provided for. Eligible persons include spouses, de facto partners, children, former spouses, and certain dependants. You must show that the will does not make adequate provision for your proper maintenance, education, or advancement in life.
- What is a family provision claim?
- A family provision claim is an application to the Supreme Court of NSW for a share (or a larger share) of a deceased person's estate. The court considers the applicant's financial position, their relationship with the deceased, the size and nature of the estate, any competing claims, and whether the deceased had a moral duty to provide for the applicant.
- What are the time limits for contesting a will?
- In NSW, a family provision claim must be filed within 12 months from the date of death. The court may extend this time limit in limited circumstances, but it is essential to seek legal advice as soon as possible. Other challenges — such as claims that the will is invalid due to lack of capacity, undue influence, or improper execution — may have different limitation periods.
- What grounds can I challenge a will on?
- A will can be challenged on several grounds: lack of testamentary capacity (the will-maker did not understand what they were doing), undue influence (someone pressured the will-maker), fraud or forgery, improper execution (the will was not signed and witnessed correctly), or that a later will revokes the earlier one. Each ground requires specific evidence.
- What happens if there is no will?
- If a person dies without a valid will (intestate), their estate is distributed according to the intestacy rules in the Succession Act 2006 (NSW). These rules set out a fixed order of inheritance — typically to a spouse, then children, then parents, then siblings. This may not reflect what the deceased would have wanted, and it can lead to disputes among family members.
- How much does it cost to contest a will?
- The cost of contesting a will depends on the complexity of the matter and whether it settles early or proceeds to a hearing. Many estate disputes are resolved through negotiation or mediation without a final court hearing. At Urban Law Group, we provide a clear fee estimate at your first consultation and discuss funding options, including whether costs may be paid from the estate.
