Contested Wills
Left out of a Will or not adequately provided for? We run Family Provision claims and
(where appropriate) Will validity challenges, with early triage on eligibility, time limits,
prospects and strategy. Clear advice, decisive action, and settlement-first tactics.
Contested Wills — Family Provision & Will Challenges
Need advice about contesting a Will?
Tight timelines apply. We’ll confirm eligibility, pathway, and a settlement strategy—fast.
Time limits & immediate steps
- Family Provision: file within 12 months of death (extensions are discretionary).
- Rectification (errors in a Will): generally within 12 months of death.
- Executors considering distribution should publish a Notice of Intended Distribution and wait the statutory periods (incl. at least 6 months from death and 30 days after notice) before distributing.
- Act early: gather the Will and grant docs (or caveat if validity is in genuine dispute), your financials, and any evidence relevant to need/capacity/pressure.
Who can apply for Family Provision?
Common eligible categories include spouse or de facto partner at death, children (including some step/household dependants), former spouse, certain dependants/household members, and close personal relationships.
We’ll also assess the matters the Court considers when deciding whether further provision is warranted—needs, resources, relationship, competing claims and the size of the (notional) estate.
Contest vs Challenge — which pathway fits?
Family Provision (Contest)
You accept the Will’s validity but say the Will (or intestacy) fails to make adequate provision for you. Outcomes adjust distribution (including via NSW’s notional estate regime) rather than invalidate the Will.
Validity Challenge
You dispute the Will itself—e.g., lack of due execution, testamentary capacity, knowledge & approval, undue influence/pressure, or fraud/forgery. The Court may prefer an earlier Will or apply intestacy rules.
Frequent grounds to challenge validity
- Will not executed to formal requirements (witnessing/signing).
- Lack of testamentary capacity at the time of execution.
- Lack of knowledge and approval of contents.
- Undue influence, pressure, fraud or forgery.
- Informal Wills (including digital notes) that require the Court’s recognition.
From First Call to Resolution
We prioritise early disclosure, mandatory mediation and pragmatic outcomes.
Eligibility & Limitation
Confirm “eligible person”, limitation (12 months), claim type and any caveat/notice steps.
Evidence & Disclosure
Affidavits, financials, estate inventory and any “notional estate” transactions.
Mediation
Court-referred mediation at the earliest practicable time; consent orders if settled.
Hearing (if needed)
Updated evidence, expert input if required, orders and any costs directions.
Unsure if you have a claim—or how to defend one?
We map prospects, strategy and likely ranges, then drive mediation to land a workable outcome.
Frequently Asked Questions
What are the grounds for contesting a will?
Common grounds include lack of testamentary capacity, undue influence, improper execution, fraud, or perceived unfair distribution of assets.
How do I know if I have a valid claim to contest a will?
Our team can review your situation and help you determine if there is a legal basis for challenging the will.
What is the process for contesting a will?
The process may involve initial consultation, gathering evidence, exploring negotiation or mediation, and, if necessary, court proceedings.
Can a contested will be resolved outside of court?
Yes, many will disputes are resolved through negotiation or mediation, which can be faster and less adversarial than going to court.
How long does it take to resolve a contested will?
The duration varies depending on the complexity of the case and whether it’s resolved through mediation or requires court intervention.
What costs are involved in contesting a will?
Costs vary, and we can provide a transparent estimate during your consultation to help you make an informed decision.
Can I contest a will if I’m not a direct family member?
Generally, certain people, including dependents and those named in the will, may have standing to contest it. We can assess your eligibility during consultation.
What should I do if I feel pressured to withdraw my claim?
Our solicitors provide support and guidance to protect your interests. If you feel pressured, we can advise on legal steps to ensure fair treatment.
Will contesting a will damage family relationships?
We understand the sensitivity involved and aim to resolve disputes amicably. Our approach prioritises transparent communication to minimise conflict.
How can MCB Lawyers help me through the contested will process?
We offer expert legal guidance, support during negotiations, and representation if court proceedings are necessary.
Move from uncertainty to resolution.
We assess prospects, drive mediation and secure orders—so you can move forward.