Contested Wills and Estate Dispute Lawyers, Sydney
We help people contest Wills, challenge unfair provisions, and resolve executor disputes fast.
We help people contest Wills, challenge unfair provisions, and resolve executor disputes fast.
New South Wales gives you longer than Victoria or Queensland to bring a family provision claim — twelve months from the date of death.
It also gives the Court something the other states do not. In New South Wales, property the deceased gave away before dying, or that passed outside the will, can in some circumstances be treated as part of the estate for the purposes of your claim.
So two questions matter here that do not arise elsewhere: how long since the death, and what left the estate before it.
The New South Wales time limit
An application for a family provision order in New South Wales must be made within twelve months after the date of the deceased’s death.
That period runs from the death itself — not from the funeral, not from when you read the will, not from when probate was granted, and not from when you found out you had been left out.
A claim brought after twelve months needs the Court’s permission. The Court will want to see sufficient cause for the delay, and permission is not routine. The exception is where every party to the proceedings consents to the late claim.
Here’s How We Can Help
Eligible people include a husband or wife, a de facto partner at the time of death, a child, a former spouse, a person who was at some time wholly or partly dependent on the deceased and who was a grandchild or a member of the deceased’s household, and a person living in a close personal relationship with the deceased at the time of death.
For some of those categories you must also show factors warranting the making of the application — an additional step the Court applies to more distant relationships.
The Court considers your relationship with the deceased, the nature and duration of it, any obligations owed to you, the size and nature of the estate including any notional estate, your financial circumstances, your age and health, contributions you made to the deceased’s property or welfare, provision the deceased made for you during their lifetime, and the circumstances of other people with claims on the estate.
The test is whether adequate provision for your proper maintenance, education or advancement in life has been made. It is measured against your circumstances, not against what other beneficiaries received.
Get Clear Advice to Resolve Will and Estate Disputes – Book Your Consultation Today.
Get Clear Advice to Resolve Will and Estate Disputes – Book Your Consultation Today.
Contest a Will and Family Provision claims
Why Families and Executors Rely on Us in Estate Disputes
Family provision proceedings in New South Wales are commenced in the Supreme Court of New South Wales. The Court refers most family provision matters to mediation, and the majority settle before a hearing.
Our Sydney office acts in will and estate disputes throughout New South Wales, for claimants and for executors. You can read our will and estate disputes overview for more on how we work. If you have been told the estate has nothing in it, or that you are outside the time limit, those are both questions we can answer quickly.
We’re Wills & Estate Lawyers With a Record of Proven Results in Protecting Assets and Resolving Disputes
We’ll explain your position clearly, and give you a practical roadmap for moving forward
01
Family Provision
Claims
03
Executor and
Probate Disputes
05
Mediation and
Negotiation
02
Will Validity
Challenges
04
Superannuation
Death Benefit
Disputes
06
Court Representation
and Urgent Orders
Your Solution Starts With a Consultation
Practical Wills & Estate Solutions That Protect Assets, Prevent Disputes & Reduce Stress Without Unnecessary Legal Costs
Consult
Book a free 15-minute chat to review your situation and options.
Plan
We create a tailored strategy and take action, like issuing a demand.
Resolve
We negotiate, mediate or litigate to secure the best outcome.
Real Stories, Real Results, Real Peace of Mind From Families Who’ve Been Where You Are
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“TDL’s expertise in the building and construction industry have been invaluable to our growing business. They have been a trusted partner in helping us navigate contracts and adopt smart business practices to support complex situations with confidence. We highly recommend their services!”
Eco-Essence Homes
★★★★★
“TDL are exactly who they say they are and do exactly what they say they will do for you. The outcomes we have had with TDL have far exceeded our expectations and we would not hesitate in recommending TDL to any construction industry participant who needs help to solve an issue, no matter how big or small.”
Book Your Consultation with Experienced Estate Dispute Lawyers
If you have been left out of a New South Wales will, the two things we need to know are the date of death and what you understand the estate holds. Book a 15-minute consultation or call 1300 286 578.
Questions people ask
Twelve months from the date of death. Not from probate, and not from when you learned of the will.
Broadly two. Either the will itself is invalid — for example the deceased lacked capacity, or was unduly influenced — or the will is valid but did not make adequate provision for you. The second is a family provision claim and is far more common.
You need the Court’s permission to proceed. You will need to show sufficient cause for the delay, or obtain the consent of every party. Permission is not automatic.
Not necessarily, and less often in New South Wales than elsewhere. The Court’s notional estate powers can reach some property that has already left the estate. It depends on what was transferred and when.
A grandchild can be eligible, but generally only where they were wholly or partly dependent on the deceased. There is an extra hurdle for grandchildren, so advice on the specific facts matters.
Where we act in will and estate disputes
We act for families and executors in will and estate disputes across Victoria, New South Wales and Queensland, from our offices in Melbourne, Sydney, Brisbane and the Gold Coast.
Melbourne
Ground Floor, 116 Hardware Street
Melbourne VIC 3000
1300 286 578
Sydney
Suite 18, Level 14, 3 Parramatta Square
153 Macquarie Street
Parramatta NSW 2150
1300 286 578
Brisbane
Suite 1b, 247 St Pauls Terrace
Fortitude Valley QLD 4006
1300 286 578
Gold Coast
Burleigh Commercial Centre
17/99 West Burleigh Road
Burleigh Heads QLD 4220
1300 286 578
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Twomey Dispute Lawyers acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea and community. We pay our respect to their Elders past, present and emerging. We extend that respect to all Aboriginal and Torres Strait Islander peoples today, and recognise their important contribution in creating a strong and vibrant Australian society.