Family provision claims are the most common form of will disputes. They are applications made under the Succession Act 2006 to seek a greater share of a deceased person’s estate when the will does not provide adequate provision. These claims are also known as “will disputes” or “contesting a will.”
In New South Wales, the law allows certain “eligible persons” to contest a will if they believe they are entitled to more of the estate. A claim can also be brought where there is no will and the statutory scheme does not fairly provide for you.
The legislation defines who is eligible to apply. You may bring a claim if you are one of the following:
Former de facto spouses are also usually eligible to bring a claim.
There are strict time limits for filing a family provision claim. In most cases, proceedings must be commenced within 12 months of the date of death. Failure to act promptly can result in your claim being barred, so it is essential to obtain legal advice as soon as possible.
Our team will assess your situation, advise you on prospects of success and guide you through each step of the process—from gathering evidence to negotiating settlements and, if necessary, representing you in court.
If you believe you have been unfairly treated or left out of a will, contact us today for a free initial consultation. We will let you know if you have a viable claim and, if not, there is no fee.
Call (02) 8006 1596Eligible persons include:
If you are unsure about your eligibility, contact us for a free assessment.
In New South Wales you generally must file your family provision claim within 12 months of the date of death. Other states have different deadlines (for example, six months in Queensland for giving notice and nine months to commence court proceedings). It is critical to seek legal advice as soon as possible because missing the time limit may bar your claim. In some limited circumstances the Court can grant extensions, but you will need to explain the reasons for delay.
A family provision claim asks the Court to adjust the distribution of a valid will so that an eligible person receives adequate provision for their proper maintenance and advancement. Challenging a will, by contrast, means arguing the will is invalid because the deceased lacked testamentary capacity, was under undue influence, the will is a forgery, or the will does not meet formal requirements. Sometimes both types of claim are made together.
Many family provision disputes settle out of court through negotiation or mediation. Our lawyers will make every effort to resolve your claim quickly and cost‑effectively. However, if a fair settlement cannot be reached, we are experienced advocates who can represent you in the Supreme Court.
The cost of a claim depends on its complexity, the size of the estate and whether the matter proceeds to court. We offer a free initial consultation to assess your case and explain your options. In many instances we work on a no win‑no fee or deferred fee basis, and the Court often orders that your costs be paid from the estate if your claim is successful.
The court examines the nature of your relationship with the deceased, any obligations and responsibilities the deceased owed to you, the size and nature of the estate, your financial resources and needs, your age and health, and any contributions you made to the estate or the deceased’s welfare. These factors help the judge decide whether further provision should be made for you.
You should gather a copy of the will and death certificate, financial statements showing your assets, liabilities and income, and any documents that demonstrate your relationship with the deceased (such as correspondence or proof of cohabitation). Medical reports, caregiving records and statements from family or friends may also be relevant. Our lawyers will advise you on exactly what evidence is needed.
Yes. When someone dies without a valid will (intestate), their estate is distributed according to intestacy laws. Eligible persons can still apply for a family provision order if they believe the statutory distribution does not provide adequate provision for their maintenance and advancement.
Many claims are resolved within 6–12 months, particularly when parties reach agreement at mediation. If the matter proceeds to a full hearing, the process can take longer. Engaging an experienced will‑dispute lawyer early can help streamline your claim and encourage a timely settlement.
Other beneficiaries may choose to defend the claim. The court will weigh the evidence and circumstances of all parties to determine a fair outcome. Mediation is mandatory in many jurisdictions and often leads to a negotiated settlement. We will advocate for your interests throughout negotiations and, if necessary, in court.
If you have further questions or would like personalised advice, contact our wills & estate team today. We will provide clear, honest guidance about your options and help you secure the provision you deserve.