Contesting a will in NSW

Updated 20 August 2026 · 6 minute read

In New South Wales, contesting a will almost always means a family provision claim — asking the Supreme Court of New South Wales for a larger share because the will (or intestacy) didn't adequately provide for you. Two questions decide most claims before any argument starts: are you eligible, and are you in time?

12moDeadline — 12 months from the date of deathAs at August 2026

MostClaims settle at mediation, not trialTypically inside 6–12 months

1stStep: check eligibility below, then get advice fastExtensions are never guaranteed

Who can claim in NSW

Spouse or de facto partner
Children, including adopted children
A former spouse
A dependent grandchild, or a dependent member of the household (including stepchildren)
A person in a close personal relationship with the deceased at death

NSW specifics

NSW is unusual in running its clock from the date of death, not the grant — and in allowing 'notional estate' orders that can claw back assets given away before death (including some super). No other state has notional estate.

What the court weighs

Your financial position and needs — the engine of most successful claims
The size of the estate and competing claims on it
The relationship, and contributions to the deceased's assets or care
Conduct and estrangement — relevant, rarely decisive on its own
Provision already made during the deceased's lifetime

If you're the executor

Don't distribute inside the window — an executor who does can be personally liable to a successful claimant. Hold, take advice, and document the timeline. The broader duties are in executor duties.

Act on the clock, not the grief

12 months passes faster than any family expects while certificates, valuations and probate itself are in motion. If a claim is even possible, get advice now — the national picture is in contesting a will in Australia.

Weighing a NSW claim — or defending one?

A fixed-fee initial consult establishes where you stand this week, not after the deadline.

Get fixed-fee probate quotes

Is challenging the will's validity the same thing?

No — validity challenges (capacity, undue influence, forgery) attack the will itself, have no fixed time limit, and are harder to win. Family provision accepts the will and argues fairness.

Can a claim be brought after distribution?

Sometimes, but recovering distributed assets is much harder — which is exactly why the deadline and executor holds exist.

Who pays the costs?

Increasingly, unsuccessful claimants carry their own. Strong claims are commonly run on deferred or no-win-no-fee terms; ask before signing anything open-ended.

Sources

Supreme Court of NSW — probate (supremecourt.nsw.gov.au)
NSW Online Registry — probate notices and filing
NSW probate filing fees 2026–27 (nationalprobate.com.au/nsw/probate/costs/court-filing-fees)
Papas Law — NSW probate processing times 2026
Family provision legislation and court practice notes for New South Wales