Challenging a Will can be a difficult but necessary step—especially when you believe the document does not reflect the true intentions of the deceased. In New South Wales, the law allows certain people to dispute a Will if there are valid legal grounds to do so.

At MCB Lawyers, we help families navigate this sensitive process with clarity, compassion, and strong legal expertise.

Who Can Challenge a Will?

Not everyone can contest a Will. Under the Succession Act 2006 (NSW), only certain “eligible persons” can make a claim. These may include:

  • Spouses or de facto partners
  • Children or stepchildren of the deceased
  • Dependants or people who had a close personal relationship with the deceased

🔗 Read more – NSW Succession Act 2006

Legal Grounds for Challenging a Will

There are several reasons a Will might be challenged. These include:

  • Lack of testamentary capacity (the person was not of sound mind when making the Will)
  • Undue influence (they were pressured by another person)
  • Fraud or forgery
  • Improper execution (the Will wasn’t signed or witnessed correctly)
  • Suspicious circumstances (such as sudden changes shortly before death)

If you’re unsure whether you have a valid case, we recommend speaking to an experienced estate lawyer to assess your situation.

📘 Contesting a Will – MCB Lawyers

The Legal Process

  1. Initial Consultation – Your lawyer will assess the Will, your eligibility, and potential grounds for contesting it.
  2. Evidence Gathering – This may include medical records, witness statements, or financial documents.
  3. Negotiation or Mediation – Many disputes are resolved out of court through mediation or negotiation.
  4. Court Proceedings – If no agreement is reached, the case may go to the Supreme Court of NSW, where a judge will determine the outcome.

Alternative Dispute Resolution

Many Will challenges are settled through mediation, which provides a more cost-effective and less adversarial approach. Mediation encourages both parties to discuss their concerns and reach a resolution without going to court.

At MCB Lawyers, we guide clients through both court-based and out-of-court solutions based on their unique situation.

The Importance of Legal Advice

Challenging a Will is complex and can be emotionally draining. Having the right legal support helps you:

  • Understand your rights
  • Minimise stress and costs
  • Improve your chance of a successful outcome

Our team has extensive experience handling Family Provision Claims and disputes involving contested Wills across NSW.

📞 Contact us today for a confidential consultation or call (02) 9977 1133.