How to Contest a Will in NSW
Being left out of a will can feel hurtful, especially if you were financially dependent on the person who passed away, or if something just doesn’t seem fair. In NSW, the law allows certain people to contest a will by making what’s called a family provision claim. But the process isn’t simple and strict deadlines apply.
At KM Legal, we regularly help clients across Penrith and Western Sydney understand their rights and challenge wills when necessary. Here’s what you need to know if you’re thinking about contesting a will.
Who can contest a will in NSW?
Only certain people can legally challenge a will. You must be an eligible person under the Succession Act 2006 (NSW). This includes:
A spouse or de facto partner (including same-sex partners)
A former spouse
A child (including adopted children)
A stepchild or grandchild who was financially dependent
A person who was living in a close personal relationship with the deceased
Anyone who was financially dependent on the deceased and lived with them
What are the grounds for contesting a will?
To successfully contest a will, you’ll need to show that:
You’re an eligible person (see above), and
The will does not make adequate provision for your proper maintenance, education or advancement in life.
This doesn’t mean you’re automatically entitled to more—it depends on things like the size of the estate, your financial needs, your relationship with the deceased, and whether others are also claiming.
How long do you have to contest a will?
In NSW, a family provision claim must usually be made within 12 months from the date of death. In rare cases, the court can grant an extension—but don’t rely on that. It’s best to get legal advice early.
What happens if your claim is successful?
If the court agrees that you haven’t been properly provided for, it can change how the estate is divided. You may be awarded a lump sum or a share of the estate, even if the original will excluded you entirely.
Does contesting a will mean going to court?
Not always. Many cases settle through negotiation or mediation before reaching a hearing. At KM Legal, we aim to resolve matters as efficiently as possible—but we’re ready to go to court when needed.
Get expert advice from KM Legal
Contesting a will is a big decision. Emotions often run high, and the legal process can be complex. If you’re not sure where you stand—or think you’ve been treated unfairly—it’s worth having a confidential chat.
At KM Legal, we’re here to listen, advise, and help you make an informed decision. We act for clients across Penrith, Western Sydney, and beyond.
Book a consultation at kmlegal.com.au/book. We’re here when you’re ready.