Contesting a will in NSW

We act in family provision claims and challenges to a will's validity, for claimants and executors, across Newcastle and the Hunter.

Contesting a will means formally challenging either the validity of a will or the adequacy of the provision made for an eligible person. In NSW, the most common challenge is a family provision claim under the Succession Act 2006, which an eligible person must generally bring within 12 months of the date of death. We act for claimants and for executors defending an estate, from our offices in Newcastle, and across NSW.

How we help

These disputes are stressful and time-limited, so early advice matters. We:

  • Assess your position and prospects early, before costs build.
  • Bring or defend family provision claims under the Succession Act 2006 (NSW).
  • Challenge or defend a will’s validity on grounds such as lack of capacity or undue influence.
  • Represent you at mediation, where most claims are resolved, and at a court hearing if they are not.

Why clients choose Mullane Lindsay

This work brings together our wills and estates team, led by Cavelle Lindsay, and our litigation team, led by Kristy Nunn. Backed by the firm since 1976, we focus on early, negotiated outcomes where possible, and we have the experience to run the matter to a hearing where that is necessary.

Who is eligible, and on what grounds?

For a family provision claim in NSW, eligible persons include a spouse or de facto partner, children including adult children, former spouses in some circumstances, and certain dependants such as some grandchildren and household members. A will’s validity can also be challenged on grounds including lack of testamentary capacity, undue influence, fraud or forgery, improper signing or witnessing, and lack of knowledge and approval.

FAQs

It means formally challenging a will through the court, either by disputing its validity (for example, that the deceased lacked capacity, was unduly influenced, or the will was not properly signed) or by making a family provision claim that you were left without adequate provision. It is a serious step with strict eligibility rules and time limits, so seek advice early.

For a family provision claim in NSW, eligible persons typically include a spouse or de facto partner, children including adult children, former spouses in certain circumstances, and certain dependent grandchildren and household members. For a validity challenge, any person with a sufficient interest, such as a beneficiary under an earlier will, may have standing.

Yes. In NSW, a family provision claim must generally be brought within 12 months of the date of death. The court can extend this in limited circumstances, but an extension is not guaranteed, so act promptly to preserve your rights.

Most are resolved without a final hearing. Courts usually require the parties to attend mediation, a confidential process that is quicker, less costly and less stressful than a hearing, and that gives the parties more control over the outcome. If mediation does not resolve it, a judge decides based on the evidence.

View all FAQs
Meet Your Team
Our Services

Strategic legal guidance when it matters most.

We start with a confidential conversation. There is no jargon and no pressure, just a clear sense of your options and what we would do next.

Get in touch