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
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.
The Legal Process
- Initial Consultation – Your lawyer will assess the Will, your eligibility, and potential grounds for contesting it.
- Evidence Gathering – This may include medical records, witness statements, or financial documents.
- Negotiation or Mediation – Many disputes are resolved out of court through mediation or negotiation.
- 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.