Can a testamentary trust be contested in NSW?

Yes, a testamentary trust can be contested since it is created through a will. The Supreme Court has the authority to reclaim assets allocated to the trust for redistribution among beneficiaries and claimants if a valid challenge arises.

Challenges to a testamentary trust generally occur through family provision claims under the Succession Act 2006 (NSW). These claims allow eligible individuals to dispute the distribution of an estate if they feel they have not received adequate or fair provisions in the will.