Add a listing
    Add a listing
    Wills & Estate Lawyers Wollongong: How to Contest a Will & Family Provision Claim Checklist

    Wills & Estate Lawyers Wollongong: How to Contest a Will & Family Provision Claim Checklist

    Worried you’ve been left out of a Will or haven’t been properly provided for? ALG’s Wills and Estate Lawyers in Wollongong explain who can contest a Will in NSW, what a Family Provision Claim is and the first steps to take.

    Here at Parents Guide Illawarra, we provide trusted local information for all stages of family life, including the difficult ones. Losing someone you love is hard enough. When questions or disagreements arise over their Will or estate, it adds enormous stress for families.

    That’s why we asked ALG experienced Wills and Estate Lawyers in Wollongong, to create this simple checklist for anyone who has been left out of a Will, believes they haven’t been adequately provided for, or wants to understand whether they may be eligible to make a Family Provision Claim.

    Every family and every estate is different, so getting legal advice early is important. You can get in touch with ALG’s Wills and Estate Lawyers Wollongong team here.

    Can You Contest a Will in NSW?

    In some circumstances, you may be able to make a claim against a deceased person’s estate if you believe you have not been adequately provided for.

    One avenue is a Family Provision Claim. However, not everyone can make a claim. You must first be considered an eligible person and your individual circumstances will need to be assessed.

    Who Can Contest a Will in NSW?

    According to ALG (Access Law group), a Family Provision Claim can only be made by an eligible person.

    This can include:

    • the wife or husband of the deceased
    • a person who was living in a de facto relationship with the deceased
    • a child of the deceased
    • a former wife or husband of the deceased
    • a person who was, at any particular time, wholly or partly dependent on the deceased and who is a grandchild of the deceased, or was at that time a member of the same household as the deceased
    • a person with whom the deceased was living in a close personal relationship at the time of their death.

    Being an eligible person does not necessarily mean a claim will be successful. Your circumstances, the estate and the needs of other beneficiaries may also be relevant.

    Family Provision Claim Checklist: What to Consider Before Contesting a Will

    If you are considering contesting a Will in NSW, ALG recommends thinking about the following.

    1. Consider Your Relationship With the Person Who Died

    Your relationship with the deceased is one of the first things to consider because a Family Provision Claim can only be made by an eligible person. This could include being their spouse, de facto partner, child or another person who meets the eligibility requirements outlined above.

    2. Were You Left Out of the Will or Not Adequately Provided For?

    If you were left out of a Will, or received less than you believe was proper given your circumstances, it may be worth seeking legal advice. A lawyer can help you understand whether your circumstances may give you grounds to make a claim.

    3. Consider Any Financial Dependence

    Did the deceased support you financially? Financial dependence may be relevant when your circumstances and relationship with the deceased are being considered.

    4. Look at Your Financial Needs & Responsibilities

    Your own circumstances may also be important. Consider your:

    • income and regular expenses
    • debts
    • housing situation
    • health
    • financial needs
    • children or other people you care for.

    Gathering this information early can help ALG understand your circumstances.

    5. Understand What Is in the Estate

    Try to understand what makes up the deceased person’s estate. This may include property, savings, superannuation and other assets. Knowing the approximate size and make-up of the estate can help when seeking initial legal advice.

    6. Consider Other Beneficiaries & Family Circumstances

    Estate disputes rarely involve just one person. Other beneficiaries and dependants may have their own financial circumstances and needs. Understanding the wider family picture can therefore be important when assessing a potential claim.

    7. Start Gathering Documents & Evidence

    Keep any documents, correspondence and information that may help explain:

    • your relationship with the deceased
    • your financial circumstances
    • any financial support or dependence
    • your current needs and responsibilities
    • anything else that may be relevant to the estate.

    ALG can then advise what further evidence may be required.

    How Long Do You Have to Contest a Will in NSW?

    Time limits apply to Family Provision Claims in NSW, so don’t leave getting advice until later. If you believe you may have been unfairly left out of a Will or inadequately provided for, ALG recommends getting legal advice as soon as possible.

    How Much Does It Cost to Contest a Will in Wollongong?

    The cost of contesting an estate will depend on the individual matter, including its complexity and how the dispute progresses. Getting advice early can help you understand your options, potential costs and whether proceeding with a claim is appropriate for your circumstances.

    ALG Offers No Win, No Fee on Accepted Contested Estate Claims

    ALG offers No Win, No Fee arrangements on accepted contested estate claims, helping some families access legal support without upfront legal fees.

    What Does a Contested Estate Lawyer Do?

    An experienced contested estate lawyer can assess your circumstances and help you understand whether you may be eligible to make a claim.

    Depending on your situation, this may include advising on your eligibility, reviewing the Will and estate, helping gather relevant evidence and assisting with the legal process involved in resolving the dispute.

    Look After Yourself During an Estate Dispute

    Contesting an estate isn’t only a legal and financial issue. It can be emotionally exhausting too, particularly when the dispute involves close family members at an already difficult time. Seek support from trusted family, friends or professionals if you need it, and try not to navigate the legal side alone if you are unsure of your rights.

    Wills & Estate Lawyers Wollongong: Speak With ALG

    If you have been left out of a Will, believe you haven’t been adequately provided for or are considering contesting an estate, getting advice early can help you understand where you stand.

    ALG’s Wills and Estate Lawyers in Wollongong can assess your circumstances, explain whether you may have an eligible claim and help you understand your next steps.

    ALG also offers No Win, No Fee arrangements on accepted contested estate claims.

    Speak with ALG’s Wills & Estate Lawyers in Wollongong: Led by Tom Ellicott, ALG’s experienced team provides tailored legal advice on all areas of Succession & Estate Planning. You can contact Tom Ellicott at ALG here.

    FAQs: Contesting a Will & Family Provision Claims in NSW

    Can I contest a Will in NSW?

    Yes. If you have been left out of a will, received less than you expected, or believe the will is not valid, NSW law gives you options. There are two main pathways, challenging the validity of the will itself, or making a family provision claim asking the court to adjust your share. The right pathway depends on your situation and your relationship to the person who has died.

    Who is eligible to contest a Will in NSW?

    Under section 57 of the Succession Act 2006 (NSW), the following people may be eligible: a spouse or domestic partner, a former spouse or former domestic partner, a child of the deceased, a person who was wholly or partly dependent on the deceased, a grandchild who was dependent on the deceased, and a person living in a close personal relationship with the deceased at the time of death. Eligibility is just the first step, the court then considers whether the will made adequate provision for you, and if not, what adjustment would be considered adequate. Being eligible does not guarantee success, but it gives you the right to seek provision.

    How long do I have to contest a Will in NSW?

    For a family provision claim, you must file an application in the Supreme Court of NSW within 12 months of the date of death (section 58, Succession Act 2006 (NSW)). The clock starts on the day the person died, not when probate is granted or the estate is administered. The court can extend this period in limited circumstances if there is a sufficient reason for the delay and the estate has not been fully distributed, but extensions are not guaranteed. Will validity challenges do not have the same strict 12-month deadline, but they become significantly harder once the estate has been administered. The earlier you get advice, the more options you have.

    What is a Family Provision Claim?

    A family provision claim is a legal application to the Supreme Court of NSW asking the court to adjust the distribution of a deceased person’s estate because the will doesn’t make adequate provision for you. You are not saying the will is invalid, you are saying it does not fairly provide for you. If the claim succeeds, the will stands but the court orders a different distribution to provide for you.

    What happens if I have been left out of a Will?

    Being left out of a will entirely is one of the most common reasons people make a family provision claim. Your first steps should be to find out when the person died (the 12-month clock runs from the date of death), gather any relevant documents (the will, death certificate, evidence of your relationship and financial circumstances), and get legal advice before you make any formal approach to the executor or other beneficiaries. It is natural to want to talk to family first, but anything you say at this stage can affect your legal position, so getting advice early protects your options.

    Can an adult child contest their parent’s Will in NSW?

    Yes. An adult child of any age can be eligible to make a family provision claim, there is no age cut-off. However, the court considers a range of factors including your financial circumstances, the nature of your relationship with the deceased, whether you were dependent on them, the size of the estate, and the competing claims of other beneficiaries. However, eligibility and success are two different things, and every case turns on its own facts.

    How much does it cost to contest a Will in NSW?

    The cost depends on the complexity of the case and whether it settles at mediation or goes to a court hearing. Most matters settle at mediation, which is significantly less expensive. For eligible family provision claims, ALG offers no win, no fee, we assess the strength of your claim at the initial consultation, and if it has good prospects, we will take it on. You do not pay our professional fees unless your claim succeeds. Some costs, such as court filing fees and disbursements (medical reports, barrister fees), may apply regardless of the outcome, we explain these clearly before you commit. If your claim succeeds, the court may order that your reasonable costs be paid from the estate under section 99 of the Succession Act 2006 (NSW).

    Do I need a lawyer to contest a Will?

    You are not legally required to have a lawyer, but we would recommend it. Estate disputes involve strict time limits, formal court procedures, and evidence requirements that are difficult to navigate without legal training. Getting advice early, before the 12-month deadline, before you make any formal approach to the executor, before any assets are distributed, gives you the most options. A confidential initial consultation will help you understand your position, your eligibility, and the likely costs and timeline before you commit to anything, including telling you if we do not think your claim has strong prospects.

    Can a contested estate be settled without going to Court?

    Yes, most contested estate matters settle before a court hearing. Under section 98 of the Succession Act 2006 (NSW), the court requires parties to attempt mediation before a hearing. A mediator helps the parties negotiate a settlement that all sides can accept. Mediation is faster, less expensive, and less adversarial than a contested court hearing. If mediation does not resolve the matter, it proceeds to a hearing in the Supreme Court of NSW, but the majority of cases never reach that stage.

    Does ALG Offer No Win, No Fee for Contested Estates?

    Yes, for eligible claims. ALG offers no win, no fee arrangements, T&C’s apply and are explained during your consultation. We assess the strength of your claim at the initial consultation, and if we believe your case has good prospects, we will take it on, you do not pay our professional fees unless your claim succeeds. Not every claim is suitable for no win, no fee; if your case has limited prospects, we will tell you that honestly rather than taking it on. Some costs, such as court filing fees and disbursements, may apply regardless of the outcome, and we will explain these clearly before you commit. If you would like to discuss whether your claim is eligible, call ALG on (02) 4220 7100 for a confidential consultation.

    Contact the Succession & Estate Planning Team at ALG:

    For Success & Estate Planning enquiries, your key contacts at Access Law Group is Tom Ellicott, Director, and James Welch, Director or call the team directly on (02) 4220 7100.

    • Tom Ellicott – Director: Tom is an experienced family, separation and divorce lawyer who works with clients across parenting matters, property settlements, finances and more, with a focus on practical advice and achieving sustainable outcomes wherever possible. Meet Tom Ellicott
    • James Welch – Director: James is part of ALG’s experienced team supporting clients through separation and family law matters with an empathetic, solution-focused approach, including estate, wills and succession planning. Meet James Welch.

    We thank Access Law Group for sponsoring this article and supporting locals with trusted estate planning & succession law information, guidance and expertise.

    Finally, make the most of family life in our stunning Illawarra – Subscribe to the ultimate guide to family living weekly email by Parents Guide. Say NO to bored kids and get inspired! Click and sign up for our Parents Newsletter here. Get all the local inspo!

    You might also like: