Contesting a Will in NSW: Time Limits and Grounds

When a will does not make adequate provision for someone who depended on the deceased, NSW law may allow a claim against the estate. Other disputes can also arise about whether a will is valid. Strict time limits often apply.

Family provision claims

Eligible people (commonly spouses, children and some dependants) may seek a family provision order if the will does not leave them adequate provision for proper maintenance, education or advancement in life. Each case turns on the facts, including the size of the estate and the claimant’s needs.

Time limits

In NSW, family provision claims generally must be started within a short period after a grant of probate or administration. Missing the deadline can end the claim, so early advice is important if you think you may have rights.

Validity challenges

Separate from family provision, a will may be challenged for reasons such as lack of capacity, undue influence or improper execution. These disputes follow different procedures and evidence requirements.

Next steps

Estate disputes are time‑sensitive and fact‑specific. This page is general information only and is not legal advice. If you need to understand your position, submit a free legal enquiry.