29/09/2026
Contesting a Will in NSW: Family Provision Claims Explained
If you believe a will does not provide for you fairly, or you suspect a will is invalid, New South Wales (NSW) law provides certain people the right to challenge it.
The following guide outlines the two main ways of contesting a will in NSW: bringing a family provision claim for a greater share of the estate or challenging the will's validity outright. It explains who's eligible, the grounds you can rely on, the strict time limit, and what the process looks like.
How Can You Contest/Challenge a Will in NSW?
There are two distinct ways to contest a will in NSW, and it's important not to confuse them:
1. Family provision claim โ where the will is valid, but you believe it does not leave you with adequate provision for your maintenance, education or advancement in life.
2. Challenging the will's validity โ where you believe the will itself is not legally valid. A will may be because of undue influence, fraud, or the will-maker lacking testamentary capacity when they signed it.
Most disputes handled by succession solicitors fall into the first category โ a family provision claim โ which is the focus of most of this guide.
๐ Read our latest blog to learn when seeking legal assistance is crucial:
https://nswprobate.com.au/contesting-a-will-nsw/
๐ Get in touch today for reliable probate guidance in NSW.
Contact us today:
Phone: 02 9167 2770
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Website: www.nswprobate.com.au