Welcome TO
NSW Wills & Estate
Helpline
NSW Wills & Estate Disputes Helpline, your comprehensive resource for navigating the complex and often emotional process of will disputes.
We understand that dealing with the death of a loved one is incredibly difficult, and discovering you’ve been left out of their will or feel unfairly treated can add significant emotional and financial stress. Navigating the complexities of NSW wills and estate disputes requires clear guidance and specialist support. Our experienced lawyers are here to listen, help you understand your specific situation and potential legal options, and provide the dedicated representation needed to pursue a fair and just outcome.
Expert Guidance & Representation
Our lawyers have years of experience in will disputes and can provide you with the expert guidance and representation you need to achieve a fair outcome. We will work closely with you to understand your specific situation and goals, and we will always strive to find a resolution that is in your best interests.
Express Enquiry
Our comprehensive
Services
We can assist with a wide range of issues, including below
Contesting
Initiating a challenge against a will based on fundamental issues like the deceased lacking the mental capacity (testamentary capacity) when signing, or being subjected to undue influence or pressure that overcame their true intentions.
Challenges
Focusing on disputes regarding the formal legal validity of a will, such as claims that it was not signed or witnessed correctly according to NSW law, or allegations of fraud or forgery.
Disputes
Addressing situations where eligible persons (like spouses, children, or dependents in NSW) feel they have been unfairly left out or inadequately provided for in a will, often leading to a Family Provision Claim under the Succession Act 2006 (NSW).
Executors
Handling disputes concerning the appointment of an executor, their conduct in managing the estate, disagreements over their decisions, or steps required for their removal or replacement.
Interpretation
Resolving disagreements over the specific meaning of words or clauses within a will that are ambiguous or unclear, ensuring the deceased’s actual intentions are properly understood and followed.
Our Commitment To
Our Clients
Clear & Honest Advice
We understand that every case is unique, and we will provide you with clear and honest advice throughout the process. We will explain your options, the process of will disputes, the potential outcomes and the chances of success, so you can make informed decisions.
Learn more
Effective & Efficient Resolution
Don’t let a will dispute drain your energy and resources. Contact NSW Wills & Estate Disputes Helpline today and let us help you to resolve your legal matter effectively and efficiently, so you can move on with your life.
Learn more
VIEW SOME OF OUR
Social Media Interactions
Express Enquiry
NSW Wills & Estates Helpline can be contacted on 1300 679 222. Our helpline reps are well versed in all things related to Will & Estate disputes. If there is an issue we can’t answer over the phone, we have access to a mountain of resources so that we can call you back within the day to provide answers.
Due to time differences across states, we recommend leaving a voicemail if your call is not answered. We promise to return your call within the day taking note of time differences.
Our phone helpline is manned Monday to Friday, 8.30am – 5.00pm (AEST). Our Facebook social media page is manned 7 days a week and we respond to direct messages quickly. In fact, most of our enquiries come via Facebook private chat.
Express Enquiry
Frequently Asked
Questions
Who can contest a will or make a claim in NSW?
In NSW, you might challenge a will’s validity if you have a legal interest (e.g., beneficiary in a prior will, or would inherit under intestacy). Separately, specific eligible persons (spouses, de facto partners, children, former spouses, potentially dependents/household members) can make a Family Provision Claim under the Succession Act 2006 (NSW) if the will fails to make adequate provision for their proper maintenance, education or advancement in life.
When do I need to contest a will or make a claim in NSW?
A will can be contested within 6 months of the grant of probate, or letters of administration, or in case of intestacy, within 6 months of the date of death.
How do I contest a will or make a claim?
The first essential step is getting specialist legal advice. The process usually involves gathering evidence (will copies, financial records, witness accounts), formally notifying the executor of your intention, engaging in negotiation or mediation to try and settle, and if unresolved, filing the necessary documents with the Supreme Court of NSW.
What to expect when contesting a will
Expect a process that can be legally complex, emotionally draining, and potentially lengthy. Success is never guaranteed. Outcomes vary from claim dismissal to the will being invalidated, a negotiated settlement, or a court order adjusting the estate distribution. We provide clear advice on prospects, guide you through the steps, and advocate for a fair resolution when contesting a will.
What evidence do I need?
The required evidence depends on the type of claim. For validity challenges, this might include medical records (for capacity issues), witness statements (for undue influence or execution issues). For Family Provision Claims, evidence of your financial situation, needs, relationship with the deceased, and contributions made is crucial. We can advise on the specific evidence needed for your case.
What are the costs involved?
Legal costs vary depending on the complexity and duration of the dispute. We offer a free initial consultation to discuss your case. In many will dispute cases, legal costs can potentially be paid from the estate assets, particularly if the claim is successful or a settlement is reached, but this isn’t automatic and is subject to court orders or agreement. We will discuss costs transparently with you.
What happens if there is no Will (Intestacy)?
If someone dies without a valid will in NSW (Intestacy), their estate is distributed according to pre-set rules in the Succession Act 2006 (NSW), known as intestacy rules. These rules prioritise the spouse/partner and children, followed by other relatives in a specific order. Even under intestacy, eligible persons can still make a Family Provision Claim if they are left without adequate provision.
Can I contest a will after probate has been granted?
Yes, it is possible to contest a will or make a Family Provision Claim after a Grant of Probate has been issued by the court, but it can sometimes be more complicated. The strict 12-month time limit for Family Provision Claims (from date of death) still applies regardless of when probate was granted. Seeking immediate legal advice is vital if probate has already been granted.
