Estate Litigation
Contesting a Will
If you believe you have not been adequately provided for under a will, you may be entitled to contest the will by making what is known as a family provision claim.
These claims arise where a person who had a close relationship with the deceased believes the will has not made proper provision for their needs. Contesting a will can be emotionally challenging, particularly where family relationships are already strained. Obtaining clear legal advice early is important.
At Ryan and Ryan Lawyers, we provide practical guidance and supportive advice to individuals considering whether to challenge a will.
Who Can Contest a Will?
Under NSW law, only certain people are eligible to bring a family provision claim. Eligible persons may include:
- a spouse or de facto partner
- a former spouse
- a child of the deceased
- a person who was financially dependent on the deceased
- a member of the deceased’s household
- a person in a close personal relationship with the deceased
Whether you are eligible will depend on your relationship with the deceased and your personal circumstances.
What the Court Considers
When deciding a family provision claim, the Court considers a range of factors, including:
- your financial circumstances and needs
- the nature of your relationship with the deceased
- the size and value of the estate
- any financial or non-financial contributions you made
- the needs of other beneficiaries or eligible persons
The Court’s role is to determine whether the will made adequate provision and, if not, what provision should be made.
Time Limits Apply
Strict time limits apply when contesting a will. In most cases, a family provision claim must be made within 12 months from the date of death. While extensions may be possible in limited circumstances, they are not guaranteed. Seeking legal advice early is the best way to ensure your rights are protected.
Evidence Needed to Support Your Claim
Successful claims rely on clear and well-prepared evidence. This may include:
- financial documents showing income, assets and liabilities
- evidence of your relationship with the deceased
- medical evidence where health issues are relevant
- information about your future needs and circumstances
We work closely with our clients to identify and prepare the evidence required to properly support their claim.
Mediation and Settlement
Many will disputes are resolved through negotiation or mediation without the need for a final court hearing. Resolving matters early can reduce legal costs, stress and delays while still achieving a fair outcome. Where possible, we focus on practical solutions that avoid unnecessary conflict.
Costs and Risk Considerations
Contesting a will involves legal costs and potential risks that should be carefully considered.
We provide clear advice about likely costs, possible outcomes and the risks involved so you can make informed decisions throughout the process.
If you are considering contesting a will or want advice about a family provision claim, we are here to help.