29/08/2026
Who Can Claim Against an Estate in NSW?
If you have been left out of a Will or believe you have not received a fair share of an estate, you may be able to claim against an estate in NSW. A family provision claim allows eligible people to ask the court for further provision from a deceased estate.
Who Can Make a Claim Against an Estate?
Under NSW law, eligible people may include a spouse or de facto partner, children of the deceased, a former spouse in certain circumstances, and other people who were dependent on or in a close personal relationship with the deceased.
If you are asking “Can I contest a Will?”, eligibility depends on your relationship with the deceased and your financial and personal circumstances. Simply being unhappy with an inheritance does not automatically give you the right to make a claim.
Can I Claim If I Was Left Out of the Will?
Being left out of a Will does not necessarily prevent you from making a claim. An eligible person may be able to contest a Will in NSW or make a family provision claim against an estate if adequate provision was not made for their proper maintenance and support.
Get Legal Advice About Your Estate Claim
Strict NSW estate claim time limits can apply. If you believe you have been unfairly excluded from an estate, obtain legal advice promptly to determine whether you can make a claim against an estate in NSW one of the most experienced and success estate litigation solicitors in NSW Stephen Bell at SJB Solicitors on 0427 203 948 email [email protected] or visit our website https://sjbsolicitors.com.au/ for your free consultation and case assessment.
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