James Papas Solicitors acknowledges the Darug people as the Traditional Custodians of the land on which we work, and pays respect to Elders past, present, and emerging.

Estate Disputes

Contesting a Will
in NSW

Left out of a Will, or not adequately provided for? You may have a Family Provision Claim — but strict time limits apply. We act for claimants and executors across Sydney and NSW.

Free First Consultation(02) 9633 3122
Your Rights

A Will is not always
the final word.

In NSW, the Succession Act 2006 allows certain eligible people — spouses, children, former spouses and some dependants — to make a Family Provision Claim where a Will has not adequately provided for them, or has left them out entirely.

These claims must be filed in the Supreme Court within 12 months of the date of death. If you think you may have a claim, or you are an executor facing one, early advice is critical.

We have been acting in NSW estate disputes from our Parramatta office for nearly 50 years — on both sides. That balance means we can tell you, frankly, how the other side will see your case.

Why act now?

✓Strict 12-month time limitFamily Provision Claims must be filed within 12 months of death. Extensions are rare and never guaranteed.
✓Most claims settleThe majority of NSW family provision matters resolve by negotiation or at mediation — without a court hearing.
✓Frank early assessmentWe tell you honestly whether your claim is worth pursuing before you spend anything.
✓We act for both sidesClaimants seeking provision, and executors defending estates against claims.
✓Costs explained upfrontClear explanation of likely costs, and of when costs may be payable from the estate.
✓Nearly 50 years of experienceEstate disputes handled from Parramatta since 1977.
Services

Contested Estate Services

Family Provision Claims (Succession Act 2006)
Contesting a Will — claimants
Defending claims — executors & estates
Eligibility advice & claim assessment
Challenging Will validity
Testamentary capacity disputes
Undue influence & fraud allegations
Informal & lost Will applications
Estate mediation & negotiated settlements
Supreme Court estate litigation
Executor removal applications
Notional estate claims
What to Expect

How a Claim Proceeds

1

Free initial assessment

We assess your eligibility, the strength of your claim (or the claim against the estate), and the 12-month time limit position. You get a frank, plain-English opinion before committing to anything.

2

Evidence & valuation

We gather evidence of your relationship with the deceased, your financial circumstances, and the size and nature of the estate — the three pillars of every family provision matter.

3

Negotiation first

Most contested estate matters in NSW resolve without a hearing. We open negotiations with the estate early, where appropriate, to resolve the matter quickly and preserve family relationships where possible.

4

Mediation

If early resolution is not reached, family provision claims are referred to mediation. The majority of claims settle at this stage. We prepare thoroughly and negotiate firmly on your behalf.

5

Hearing if required

If the matter cannot be resolved, we prepare and run your case in the Supreme Court of NSW, briefing experienced counsel where needed and keeping you informed of costs at every stage.

The 12-month clock is running.
Find out where you stand — free.

Free Consultation(02) 9633 3122
Common Questions

Contesting a Will FAQs

QWho can contest a Will in NSW?
Only "eligible persons" under the Succession Act 2006 can make a Family Provision Claim. This includes a spouse or de facto partner of the deceased, children (including adopted children), former spouses, certain dependants who were grandchildren or household members, and a person in a close personal relationship with the deceased at the time of death. Siblings, cousins and friends are not automatically eligible unless they were dependent on the deceased.
QHow long do I have to contest a Will in NSW?
A Family Provision Claim must be filed in the NSW Supreme Court within 12 months of the date of death. The court can extend this deadline in limited circumstances, but extensions are not guaranteed. If you are considering a claim, seek legal advice as soon as possible.
QWhat is a Family Provision Claim?
It is an application to the NSW Supreme Court under the Succession Act 2006 asking the court to order that provision — or further provision — be made for you from the deceased's estate. The court considers whether the deceased had an obligation to provide for you, whether they did so adequately, and what provision would be appropriate in all the circumstances.
QHow much does it cost to contest a Will?
It depends on how far the matter proceeds. Most claims settle at or before mediation, keeping costs substantially lower than a contested hearing. In many successful claims some or all of the claimant's reasonable costs are paid from the estate, though this is at the court's discretion. We give you a clear costs explanation and a frank assessment of your prospects at your free first consultation.
QWhat are my chances of successfully contesting a Will?
Success depends on your eligibility, your financial need, your relationship with the deceased, and the size of the estate. Claims by spouses and children with genuine financial need have historically had strong prospects, and most family provision matters in NSW resolve by negotiated settlement. We will tell you honestly at the outset whether your claim is worth pursuing.
QCan I contest a Will if I was left out entirely?
Yes — being left out of a Will does not prevent a claim. If you are an eligible person and the deceased failed to make adequate provision for you, the court can order provision from the estate even where the Will leaves you nothing.
QI am an executor and someone is contesting the estate. What do I do?
The executor has a duty to uphold the Will and defend the estate. We regularly act for executors responding to family provision claims — advising on the merits, negotiating sensible settlements where appropriate, and defending unmeritorious claims. Do not distribute the estate if you are aware of a potential claim; seek advice first.
QWhat is the difference between contesting and challenging a Will?
Contesting a Will usually means a Family Provision Claim — accepting the Will is valid but arguing it did not adequately provide for you. Challenging a Will disputes its validity itself, for example on grounds of lack of testamentary capacity, undue influence, fraud, or improper execution. These are different court applications requiring different evidence. We handle both.
Further Reading
Contesting a Will in NSW: Who Can Claim, Time Limits & Costs →Family Provision Claims & Contested Wills in NSW →How Long Does Probate Take in NSW? →Wills, Estate Planning & Probate Services →