In New South Wales, there are two main legal avenues for contesting a will:

  1. Family provision claim (inadequate provision):
    This occurs when an eligible person believes that the will does not provide adequate financial provision for their proper maintenance, education or advancement in life. A claim can be made to the Supreme Court of NSW seeking a greater share of the estate. If successful, the Court may order that a larger or new provision be made for the claimant from the deceased’s estate.
  2. Challenging the validity of a will:
    Alternatively, a will can be contested on the basis that it should be set aside. Common reasons include the existence of a later, valid will; concerns about the deceased’s lack of testamentary capacity at the time the will was made; or instances of fraud, undue influence, or forgery. If the challenge is successful, the disputed will may be declared invalid and either an earlier will (if available) may be reinstated or the estate may be distributed under intestacy laws.

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