# Contested estates & family provision claims

> Nash Allen Williams & Wotton - Central Coast NSW solicitors since 1957. Offices at Tuggerah (02 4332 3588) and Budgewoi (02 4399 2800). Canonical page: https://nawwlaw.com.au/legal-services/probate/family-provision-claim/

**Jurisdiction:** New South Wales, Australia | **Last updated:** 2026-07-30 | **Source:** Nash Allen Williams & Wotton, https://nawwlaw.com.au/legal-services/probate/family-provision-claim/

Disputes over a will make a difficult time harder. Whether you feel unfairly left out, or you are an executor defending the estate, you deserve an honest read on where you stand before you commit to anything - that is exactly what the first consultation is for.

## Key facts

- In NSW a family provision claim must generally be made within 12 months of the date of death. The Court can extend that, but you have to show why.
- Only an eligible person can claim - broadly a spouse, de facto partner, child, former spouse, or someone who was dependent on the deceased. The categories are set out in section 57 of the Succession Act 2006 (NSW).
- There is no initial consultation fee for contested estate matters, so an early conversation about whether you have a claim costs nothing.
- Most claims are resolved at mediation rather than a final hearing, though this varies with the matter.
- We act for claimants and for executors defending an estate.

## Making a claim

Certain people - typically spouses, de facto partners, children, some former spouses and dependants - can ask the court to review whether adequate provision was made for them. Claims can also arise where a promise was not honoured in the will, or where capacity or pressure is in question. Strict time limits apply: generally 12 months from the date of death.

## Resolving without a courtroom where possible

We advise and act whether proceedings are commenced or the parties prefer a negotiated settlement, and we will tell you when mediation or another alternative offers a quicker, more cost-effective resolution. Sometimes the honest advice is not to pursue a claim at all - we will tell you that too.

## How we can help

- Family provision claims under the Succession Act 2006 (NSW)
- Defending claims - protecting the estate and the executor
- Disputes over capacity, pressure or unhonoured promises
- Mediation and negotiated settlements
- Honest early assessment before you commit

## Common questions

### Can I contest a will in NSW?

Certain people can - typically spouses, de facto partners, children, some former spouses and dependants. The court looks at whether adequate provision was made for you. Whether a claim is worth pursuing depends on your circumstances; we will give you an honest read at the first consultation.

### How long do I have to contest a will in NSW?

Generally 12 months from the date of death for a family provision claim. Time limits are strict, and acting early makes everything easier - if you think you may have a claim, do not wait.

### Who pays the legal costs of contesting a will?

It depends on the outcome and the way the claim is run. Sometimes costs come from the estate; sometimes each side bears their own. We explain the cost position honestly before you commit to anything.

### Is it worth contesting a will?

Sometimes yes, sometimes no - it depends on the size of the estate, the strength of your claim and what the dispute would cost you (financially and emotionally). That is precisely what the first consultation is for: an honest assessment before you are committed.

### Can I stop someone contesting my will?

You cannot remove the right entirely, but careful estate planning can significantly reduce the risk and strengthen your intentions. This is one of the best reasons to have your will professionally prepared.

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This is general information, not legal advice. Initial consultation: there is NO consultation fee for wills, conveyancing, powers of attorney and enduring guardianship, deceased estate administration or contested estates. For other matters (criminal, family law, litigation and general enquiries) an initial consultation is $275. Enquiring is always free. Request a consultation via the enquiry form at https://nawwlaw.com.au/contact/ or phone (02) 4332 3588. Enquiries receive a reply within one business day; a conflict check is run before any engagement.