Are you concerned about a will, feel you’ve been left out or need to defend a claim? Understanding your rights is the first step. Our experienced contested will lawyers are here to guide you through the process with clarity and confidence.
In New South Wales, under the Succession Act, certain individuals who have a close personal relationship with the deceased may be able to seek proper provision from a will.
Whether you are contesting a will or responding to a claim, our team provides strategic, compassionate support to help you achieve a fair outcome.
At Turnbull Hill Lawyers, we bring over 55 years of experience in Wills & Estates Law. We support clients across Newcastle, Maitland, Sydney and the rest of NSW, with practical advice and strong representation at every stage of the process.
We understand that estate disputes often arise during emotionally difficult times. Our team takes a respectful and considered approach, ensuring you feel supported while we work to achieve a fair and practical resolution.
Safeguard your entitlements with a complimentary consultation and clear guidance from our dedicated team.
Trusted guidance when it matters most
Our team of contested will and probate lawyers can assist with all aspects of estate disputes, providing clear, practical guidance at every stage of the process.
- Whether the will has been properly signed and witnessed
- Whether the wording of the will is clear and unambiguous
- Whether the will-maker had testamentary capacity and was of sound mind when making or updating the will
- Any concerns relating to fraud, forgery or undue influence
- Understanding your rights and obligations as an executor or beneficiary
- Whether the deceased person’s estate is being properly administered
- Whether probate is required for the will
- Situations where the deceased passed away intestate or without a valid will
- Assistance with obtaining a copy of the will
Contesting a will in NSW with Turnbull Hill Lawyers
55+ years in estate law
Disputing a will can be complex and emotionally challenging. Since 1969, we have supported clients through family provision claims and estate disputes with trusted, results-focused legal advice.
Efficient legal guidance
We act promptly to meet critical deadlines and protect your position. Quick action and early legal advice can make a significant difference to your outcome.
Client-focused solutions
Every estate and family dynamic is unique. We tailor our approach to your circumstances, ensuring you understand your rights as an eligible person and your prospects of success.
Bespoke wills advice
We provide clear, practical guidance about your legal entitlements, including whether adequate provision has been made for you and what options are available.
Unwavering support
At Turnbull Hill Lawyers, our reputation is built on delivering reliable advice and strong outcomes for our clients. As leading contested estates solicitors, we are committed to guiding you through every aspect of the process with expertise, clarity and care.
Transparent legal fees
Our contested estates lawyers provide clear and transparent pricing, so you understand the likely legal costs involved. Fees are based on the time spent on your matter, with clear hourly rates and upfront cost estimates wherever possible.
Contest a will with experienced estate lawyers
Early legal advice is vital when contesting a will, to ensure compliance with strict time limits and to fully understand the deceased person’s estate, including all assets and liabilities.
If you’re unsure whether you can make a claim, get in touch with Turnbull Hill Lawyers today. Our team can promptly assess your eligibility and provide initial, obligation-free guidance.
What our clients say
I highly recommend Elizabeth and the Turnbull team. They’ve assisted me with numerous issues over the years, and nothing is ever out of their scope. Truly professional and reliable service!
The team at Turnbull Hill Lawyers are the best! Thank you.
If you're looking for a solicitor who combines professionalism with genuine care, Ella is your lady! She took the time to explain everything in detail, ensuring that my siblings and I felt fully informed and confident throughout the entire process. I cannot recommend Ella highly enough.
I can't thank Ella from Turnbull Hill Lawyers at Charlestown enough for everything she has helped me with over the last 12 months. Ella has been so supportive and understanding. Ella's knowledge of the law is outstanding so I have trusted her advice without hesitation throughout. Knowing that I had Ella fighting for me has given me the courage to carry on and stand up for myself.
Timely response to emails sent. Precise instructions given for what we needed to do, as the executors, and options for how these actions could be carried out. Completely satisfied with the services provided and the manner in which they were performed. Thank you.
Get started in 3 simple steps
If you require assistance with defending or contesting a will, our experienced team is here to provide guidance. Turnbull Hill Lawyers offer trusted legal support and clear, practical advice every step of the way.
Book a consultation
Call our friendly team on 1800 994 279 or contact us today.
Tell us your story
Your will dispute lawyer will take the time to understand your situation and provide tailored guidance, helping you obtain legal advice on your entitlements and the best approach to safeguard your interests.
Receive the right support
We provide personalised support at every stage of the legal process, helping you navigate challenges efficiently while ensuring our approach aligns with your rights, obligations and best interests.
Frequently asked questions
A family provision claim is made by an eligible person seeking further support where a will does not make adequate provision for their needs. The Court may issue a family provision order from the deceased's estate.
Challenging a will, on the other hand, focuses on its validity and may arise from issues such as lack of testamentary capacity, undue influence or fraudulent activity.
An eligible person may include a spouse, de facto partner, child, former spouse, dependent grandchild or someone who was fully or partly dependent on the deceased person. You could also be eligible to make a claim even if no will was left. In such cases, the estate is distributed according to the statutory rules of intestacy.
In NSW, a will cannot be contested simply because it seems unfair. Only interested or eligible persons can challenge a will, and there must be valid legal grounds. Common reasons for disputing a will include:
Lack of testamentary capacity
A will may be invalid if the testator lacked the mental capacity to understand the nature and effect of their will at the time it was made. This includes understanding their assets (including deceased-owned property), recognising moral obligations to family and not being influenced by a mental disorder or delusion.
Fraud
A will can be challenged if it was created or altered through fraud, such as if a beneficiary manipulated the testator or forged documents. Evidence must show that the fraud directly affected the will.
Undue influence
If the testator was coerced or pressured (through threats or manipulation) into making or changing a will, it may be declared invalid. Ordinary persuasion does not qualify as undue influence.
Forgery
A will is invalid if it was signed or created by someone other than the testator. Evidence must demonstrate how the will was forged.
Lack of knowledge or approval
It is generally assumed that the testator knew and approved the contents of their will. A challenge on this ground requires evidence that the testator was unaware of or did not approve the document.
The process typically begins with obtaining expert legal advice from contested will lawyers, which helps clarify your rights as an eligible person. Your solicitor will review the deceased person’s estate, including all assets and estate liabilities, to understand the full scope of what is available.
Next, your lawyer will assess your financial need and the nature of your relationship with the deceased, both of which are important considerations in determining the strength of a claim. The executor of the estate will then be formally notified of your intention to make a claim.
Where possible, disputes are resolved through negotiation or mediation to reach a fair outcome without going to court. If an agreement cannot be reached, the matter may proceed to the Supreme Court of NSW, where formal proceedings are initiated and the court evaluates all evidence to determine an appropriate resolution.
The timeframe for contesting a will can vary depending on whether the matter proceeds to court. In some cases, an experienced solicitor may negotiate a settlement with the executor, potentially resolving the issue within a few weeks.
If negotiations are unsuccessful, formal court proceedings must be initiated, which can take up to six months before mediation is scheduled.
Should mediation not result in a resolution, a Family Provision Claim may take an additional 12-18 months to be finalised in court.
In NSW, you generally have 12 months from the date of death to lodge a claim to contest a will, unless an exception applies. Acting promptly is essential, as early legal guidance ensures you understand your rights and entitlements.
It may be possible to contest a will after the estate has been distributed, provided your claim is lodged within the required time frame and the executor or administrator is notified. The court can order the return of distributed assets but recovery is not guaranteed, particularly if beneficiaries have spent the funds or are insolvent.
In some cases, the executor or administrator who distributed the estate may be personally liable to satisfy a court order, provided they have sufficient personal funds. However, if a claim is submitted after the deadline and the estate has already been fully distributed, it is unlikely the court will grant a favourable ruling.
Liability limited by a scheme approved under Professional Standards Legislation