What you need to know – and when to act

Losing a loved one is never easy. In the midst of grief, discovering uncertainty, unfairness, or conflict surrounding a Will can add an unexpected layer of distress. What should be a time of remembrance can quickly become confusing and emotionally overwhelming, particularly when legal questions arise at such a vulnerable moment.

Many families find themselves navigating a dispute about a loved one’s Will at a time when emotions are raw and clarity is hard to come by. While no one expects to deal with legal complexities during grief, taking early, informed steps can make a significant difference.

Having an experienced legal team guide you through the process can help reduce uncertainty and ease the emotional burden on you and your family, as well as avoid unnecessary delays which can cause further stress.

At VRT Lawyers, our estate law team approaches Will disputes with both strategic precision and genuine care. We assist clients through every stage, ensuring the process is handled efficiently and sensitively, so you can focus on healing and moving forward.

Time limits

Each Australian state imposes strict deadlines to commence proceedings if there is a dispute about a Will.  If action is not taken within the relevant timeframe for the particular State or Territory, a claim may be barred entirely.

For this reason, seeking legal advice as early as possible is critical. Early intervention not only preserves your rights but also places you in a stronger position to resolve the matter effectively.

How to Increase your chances of a successful claim

Contesting the provisions made in a Will is a complex legal process. Success depends on careful preparation, strong evidence, and a clear understanding of how courts assess family provision claims.

Generally, to bring a successful family provision claim, you must be able to demonstrate that you:

• Are an eligible person under the law; and
• Have a genuine financial need; and
• Were not adequately provided for in the Will.

An experienced estate lawyer can assess your position early and advise on the best strategy to maximise your prospects of success.

Who is eligible to make a Family Provision Claim in NSW?

Eligibility to contest the provisions of a Will varies by state. In New South Wales, section 57 of the Succession Act 2006 sets out who may bring a claim, including:

• A spouse of the deceased at the time of death
• A de facto partner of the deceased at the time of death
• A child of the deceased
• A former spouse of the deceased
• A person who, at any point in time, was financially dependent on the deceased, and who is either a grandchild of the deceased, or was or is a member of the deceased’s household
• A person with whom the deceased was living in a close personal relationship at the time of the deceased’s death.  

Determining eligibility can be nuanced, particularly in blended family or dependency arrangements. Legal advice can clarify whether you fall within these categories.

Demonstrating financial need

Financial need is a key consideration for the Court when deciding whether further provision should be made from an estate for an applicant.  

Evidence that may support a finding of financial hardship includes:

• Outstanding liabilities such as mortgages, loans or credit commitments
• Responsibility for dependants, including children
• Difficulty meeting everyday living expenses or future financial insecurity
• Medical conditions including disabilities or illness which affect a person’s ability to work

Established case law confirms that demonstrating financial need can significantly strengthen a family provision claim.

Proving you should have been provided for

While there is no automatic right to an inheritance, the law allows eligible persons to seek further provision where a Will fails to make proper and adequate provision for their maintenance, education or advancement in life.

When assessing a claim, the Court considers factors such as:

• The nature and duration of the relationship with the deceased
• Financial and non-financial contributions made during the deceased’s lifetime
• The applicant’s current and future financial circumstances
• The size and nature of the estate

The Court also balances competing claims and, where possible, respects the deceased’s testamentary intentions.

Successfully establishing a claim requires persuasive evidence, careful preparation and a strategic understanding of how courts balance fairness with final wishes.

Getting the right advice early matters

Will disputes are emotionally challenging and legally complex. Early legal guidance ensures your position is clearly presented and your interests are properly protected from the outset.

If you are considering contesting a will, or would like to discuss your options, our specialist estate lawyers at VRT Lawyers are here to help you navigate the process with clarity, compassion and confidence.