Can I contest a Will in NSW?
Published: 2 April 2026 | Last Updated: 2 April 2026
If you've just found out you were left out of a will, or given far less than you expected, it's natural to wonder whether you can do anything about it. It's one of the most common questions we're asked: Can I contest the Will?
In certain circumstances, yes, you can.
Two different ways to “contest” a will
People often use “contesting a will” to mean two different things, and it helps to know which one applies to the Wil you are worried about.
Challenging the Will's validity: arguing the Will itself isn't legally valid, because the person didn't have the mental capacity to make it, was pressured or unduly influenced, or it wasn't signed and witnessed correctly.
Making a family provision claim: accepting the Will is valid, but arguing it doesn't provide adequately for you, and asking the court to change how the estate is distributed.
Family provision claims are far more common, and that's usually what people mean when they ask this question.
Who can make a family provision claim?
Not everyone can bring a claim. In NSW, you need to be an “eligible person” under the Succession Act 2006 (NSW). This generally includes:
A spouse or de facto partner of the deceased
A former spouse
A child of the deceased, including adult children
A grandchild, or another person, who was at some point wholly or partly dependent on the deceased and lived in the same household
Is there a time limit?
If you wish to challenge the Will itself, there are no strict time limits, but it is preferable to do it before a grant of Probate is made on the Will. It is much harder to have Probate revoked or the Will put aside if assets of the estate have already been given out.
For a family provision claim: yes, and it's strict. You generally have 12 months from the date of death to file a family provision claim with the Supreme Court of NSW. The court can extend this in limited circumstances, but it's far safer to get advice early than to rely on an extension being granted.
Do I have to go to Court?
Most of the time, no. Both kinds of claims can often be resolved without a hearing, though they get there in slightly different ways.
Family provision claims are frequently settled through negotiation or mediation, sometimes before proceedings are even filed. The court encourages parties to try to reach agreement, and many families do.
Challenges to a Will's validity, like questions about capacity or undue influence, can be harder to resolve by agreement, because they often turn on evidence about what happened when the Will was made. Even so, plenty of these are still settled by negotiation. A formal court hearing tends to be a last resort, for the smaller number of claims where agreement isn't possible.
If you think you've been left out unfairly
Contesting a will, or defending one, often happens at a time when families are already grieving, and can add a layer of conflict to an already tough situation. Getting advice early makes a real difference to how the matter unfolds.
Wills and estates is what we do, so whatever your situation calls for, we're here to guide you, offer clear advice, and support you through the different ways of resolving it.
By Jessica Spence | Wills and Estates | Orange NSW
This article is general information only and does not constitute legal advice. Your circumstances are unique, if you have questions about your situation, please get in touch for advice specific to you.