Losing a loved one is difficult enough without the added stress of concerns about their will. If you’ve been left out entirely, inadequately provided for, or believe the will does not reflect your loved one’s true intentions, NSW law gives you the right to challenge it.
Our experienced will dispute lawyers in Sydney help families navigate contested wills and estate disputes with clarity, compassion, and a focus on achieving fair outcomes.
Not everyone can challenge a will in New South Wales. The Succession Act 2006 (NSW) limits who has legal standing to contest a will, ensuring only those with a genuine relationship to the deceased can bring a claim.
To succeed, you must show either that the will is invalid or that it failed to make adequate provision for your proper maintenance and support. Courts consider your financial needs, your relationship with the deceased, and competing claims from other beneficiaries.
In NSW, family provision claims generally must be made within 12 months of the date of death. While extensions may be granted in limited circumstances, delays can significantly affect your chances, making early legal advice critical.
Our Sydney CBD office is centrally located near Martin Place, Town Hall, and Wynyard stations, with convenient access to Sydney Tower and Westfield Sydney via bus, metro, and train. We also have offices across Greater Sydney, including Parramatta, Bondi Junction, Chatswood, Liverpool, and more locations.
Level 5/109 Pitt Street, Sydney NSW 2000
Monday-Friday, 8:30 am - 5:30 pm
Find your nearest GMP Law office in New South Wales for personal injury and compensation legal support.
Understanding whether you have valid grounds to contest a will can help you decide the right path forward. Our Sydney will dispute lawyers can assess your circumstances and guide you to the most relevant information. There are several common grounds on which wills are contested.
The will fails to make adequate financial provision for your proper maintenance and support, despite the nature of your relationship with or dependence on the deceased.
The deceased was pressured, manipulated, or coerced into making decisions in the will that did not reflect their true intentions.
The deceased may not have had the mental capacity to understand the nature and effect of the will at the time it was made, due to dementia, mental illness, or other cognitive impairment.
The will was forged, altered, improperly signed or witnessed, or otherwise fails to meet the legal requirements for a valid will in NSW.
Start with a free consultation and get your case reviewed within minutes.
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If our service fails to meet the high standards we set, we’ll reduce our fees. We are the only Australian firm that backs our service with a written cost reduction promise, giving you total confidence in your claim.
We understand that the legal process can feel overwhelming, especially when you’re dealing with grief alongside it. At GMP Law, we’re here to guide you every step of the way:
We’ll take the time to understand your situation, review the will or estate issue, and assess your relationship with the deceased, your financial position, and the basis of your claim. We explain your legal options and outline likely outcomes, all at no cost to you.
Our team carefully examines the will, estate assets, financial records, family history, and any relevant communications to understand the full picture and the legal basis of your claim, including any involvement of the public trustee.
We gather supporting evidence for your challenge or defence, which may include valuations, financial documents, medical records (where capacity is an issue), and statements from those involved. This ensures family provision claims or will validity challenges are well-prepared.
Where possible, we resolve estate disputes through negotiation and mediation, including matters involving the public trustee. Our estate dispute lawyers work to help families reach fair agreements without the financial and emotional burden of going to court.
Throughout the process, we keep you informed, answer your questions, and provide clear guidance so you always know what to expect and what comes next.
When challenging a will in New South Wales, the goal of a family provision claim is to ensure that you are adequately provided for, taking into account your personal circumstances. The court has the authority to modify the distribution of the estate to achieve a fair outcome.
Victorian courts take into account a range of considerations, including:
At GMP Law, we have guided clients from all walks of life through family provision claims and will dispute matters across New South Wales.
Background
A Newcastle father of two left his $200,000 estate entirely to his de facto partner.
Issue
After the partner passed away three months later, the estate would go to her children, leaving the father’s sons with nothing.
GMP Law’s approach
We negotiated a settlement through a Deed of Family Arrangement to avoid trial costs, proposing a split of the estate between both sets of siblings.
Outcome
The settlement was agreed, with each sibling receiving 25% of the estate. The clients were satisfied and avoided legal fees associated with a trial.
Background
A Cessnock woman, the only child, was completely left out of her father’s will, which left the estate to his partner and great-grandchildren.
Issue
The father noted he had given her $100,000 years earlier, but the daughter had a close relationship with him and limited assets, prompting her to claim she had been inadequately provided for.
GMP Law’s approach
Our team argued she should have received provisions for essentials like accommodation, a vehicle, and education, highlighting her unusual exclusion from the will.
Our No Win No Fee comepnsation lawyers specialise in handling some of the most complex and challenging cases. With deep expertise in compensation law, we understand the unique difficulties these claims present and know how to navigate them effectively.
Key benefits include:
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At GMP Law, we’re committed to ensuring you have nothing to lose with our No Win No Fee service.
No upfront costs
Start your claim without any financial risk
No contingency fees.
We don’t take a percentage of your settlement
Fair hourly rates.
When you win, we charge transparent hourly rates
Careful case evaluation.
We only take cases we believe can succeed
Our commitment. If we don’t believe your case will result in compensation or if costs outweigh benefits, we won’t take it on. This dedication to our clients’ best interests sets our No Win No Fee dispute lawyers apart.
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At GMP Law, we’re not just fighting for compensation, we’re fighting for your right to recover, rebuild, and reclaim your life after an injury. Read our case studies:
Jacob’s story At just 19 years old, Jacob had his whole life ahead of him. As a postal delivery officer, he
Natalie was the epitome of an active, outdoor-loving Australian. As a food delivery driver, she spent her days on the move,
Lee’s story In October 2019, Lee—a devoted foster carer—noticed a bulge on the outside of her breast while getting ready for
In February 2022, Peter’s world changed in an instant. A 60-year-old pilot instructor and casual truck driver, Peter, was riding his
A day that changed everything What should have been one of the most joyful days of a family’s life became their
In December 2019, Peter’s life took a dramatic turn following what should have been routine medical care. After a fall at
Meet our dedicated team of will dispute lawyers in Sydney, supported by offices across Australia. Our 98% success rate reflects our expertise in helping clients navigate will disputes and family provision claims, securing fair outcomes in complex estate matters.
Let our experienced will contest lawyers advocate for your rights and ensure your family receives the provision and support they are entitled to.
While no outcome can be guaranteed, family provision claims in NSW generally have a higher success rate than challenges based on undue influence or lack of testamentary capacity. This is because the court is often more willing to adjust an estate to provide for eligible family members. However, claims alleging undue influence require strong evidence that the deceased was pressured or manipulated, which is a much higher burden of proof.
Having an experienced will contest lawyer can make a significant difference. Skilled lawyers can assess your eligibility, identify the strongest grounds for your claim, gather supporting evidence, and guide you through negotiations or court proceedings, maximising your chances of a fair and meaningful outcome while reducing stress and cost.
Learn more: Unsuccessful cases of contesting a will (Sydney)
You must lodge your claim within 12 months of the deceased’s date for it to be considered. While there’s no strict deadline for notifying a will’s executor, it’s best to contact them promptly to ensure legal steps can be taken before the estate is distributed.
In some cases, extensions may be granted, but the longer you wait, the less likely your claim will be accepted. Speaking with our experienced will dispute lawyers as quickly as possible can help you understand your options and plan the best course of action.
A public trustee is an independent government-appointed official responsible for managing an estate when there is no suitable executor or when the executor cannot fulfil their duties. Their responsibilities include:
They can also step in if an executor is under 18, incapacitated, or has forfeited their rights due to legal issues.
If you are dealing with a public trustee—whether as an executor, beneficiary, or disputing their decisions—it is strongly recommended to speak with an experienced will dispute lawyer to ensure your rights are protected, and the estate is administered correctly.
Our Sydney office is at: Level 5/109 Pitt Street, Sydney, NSW 2000
Located in the heart of the Sydney CBD, our office is just a short walk from Town Hall, Wynyard, and Martin Place train stations, as well as the metro. The central location makes it easy for clients across Sydney to attend consultations or court preparation meetings.
Start with a free consultation. Call 1800 004 878, or request a call back below.
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