Can I challenge a Will NSW?

‘Challenging’ or ‘contesting’ a Will can be grouped into two distinct areas.

The first area involves challenges which relate to the testamentary capacity of the deceased person to make a Will, and the circumstances surrounding such.

This may be the case for instance where a Will was made very close to a person’s death in circumstances where the deceased person suffered from dementia, or in circumstances where the deceased person was coerced or forced to make a Will under duress. Further details on this area of challenge can be found by clicking here.

The second, and more common form of challenge to a Will, is set out in the Succession Act 2006. This area of challenge is also commonly referred to as ‘Family Provision’.

A ‘Family Provision’ challenge to a Will, or an estate where there is no Will, involves a number of hurdles before the person challenging the Will or estate can be successful.

In NSW only certain categories of people, called 'eligible persons', can challenge a Will. Falling into one of the categories of eligible person does not automatically mean that a Will challenge will be successful, and depending on the category of eligible person there are further hurdles to overcome before a Court can make an order for provision.

In NSW the Succession Act sets out the 7 categories of Eligible Persons. Click on the below to learn more or click here to start the online assessment to receive a no obligation assessment of your case by an experienced lawyer from our contested estates division, at no cost. 

- Husband or Wife
- Ex-Husband or Ex-Wife
- De Facto
- Child
- Dependent Grandchildren
- Member of the Household
- Close Personal Relationship