Well-written wills are meant to set out how one wishes their estate to be distributed after they die. However, the circumstances surrounding wills are commonly fraught with dissatisfaction by family members, parties involved, or someone who expects to benefit more from a deceased person’s will. At Wills and Estate Disputes, our Sydney-based lawyers can guide you through contesting a will with compassion and expertise.
NB: In NSW, you have 12 months from the date of the will-maker’s death to lodge a family provision claim in court.
General Success Rates of Estate Disputes
The most recent formal study in Australia into family provision claims and the success rate of contesting a deceased person’s will was carried out in 2015. Researchers at the Queensland University of Technology, the University of Queensland, and Victoria University found the following:
- Family provision claims had a 74 per cent likelihood of success, rising to 88 per cent for larger estates ($1-3M) based on recent 2025 insights.
- This figure rose to 77 per cent for Queensland-based claimants.
- The will was changed in 87 per cent of those cases that went before a mediator.
A successful will dispute case usually leads to a probate court order that modifies or cancels asset distribution. However, if the claim is unsuccessful, the person claiming family provision can be left with nothing, leaving the one who has lost a loved one in considerable pain and mental strain.
Who Are the ‘Eligible Persons’ Able to Contest a Will
Under the Succession Act 2006 s57, an “eligible person” may apply to the Court for a family provision order in NSW:
- The existing or former spouse of the deceased person.
- A de facto partner who was dependent on the deceased person.
- The child or grandchild of the deceased person or someone who was wholly or partly dependent on or part of the deceased’s household.
- A person who was living in a close personal relationship with the deceased person, such as a partner or dependent relative.
Our Sydney-based team can assess your eligibility and provide expert advice.
Seek Legal Advice For a Likely Better Outcome
The success rate of contesting a will and claiming family provision may be higher if you seek legal advice. If you are a family member deemed an “eligible person” under the law who believes they have been unfairly treated in the will of a deceased person. In that case, your success rate is likely to be higher if you seek legal advice from experienced estate lawyers such as those at the NSW Wills & Estate Disputes Helpline.
Grounds For Contesting a Will
As mentioned above, anyone who is contesting wills must be deemed an “eligible person”. They must prove that they deserve adequate provision and that the will-maker was subjected to coercion, undue influence, constraints, or threats. In NSW, you can lodge a family provision claim in the Supreme Court and contest a will if the following applies:
- If you have clear evidence of the deceased’s intention to provide for you. Such evidence may include letters, statements, or text messages.
- The deceased’s will is deemed incomplete, invalid, signed under suspicious activity and therefore contestable.
- If the will-maker did not have the mental capacity to write or sign their will.
- The courts will look at your need for extra provision from the deceased’s estate based on your financial, physical, and psychological state and needs. It will also look at your relationship with the deceased.
To increase the likelihood of the success of contesting a will, we recommend that you seek legal advice.
Why You Need Lawyers to Help Contest a Will
Challenging a will is more demanding than most people think, and they often don’t realise how to increase the success rate of contesting a will. Given the complicated nature of will challenges, you must have solid grounds to contest a will since there are many pitfalls.
The proof brought before the courts must be solid and abundantly clear, so you need experienced and knowledgeable lawyers such as those at the NSW Wills & Estate Disputes Helpline. With our support, we can help gather evidence, check your proof, and advise you on the steps necessary to increase your chances of success.
Most Will Disputes End on the Court Steps
The process of contesting a will involves several steps:
- Assessing eligibility: Confirm you meet the criteria as an eligible person.
- Gathering evidence: Collect documents, witness statements, or other proof to support your claim.
- Filing a claim: Submit a family provision claim or challenge the will’s validity in court.
- Mediation and negotiation: Many cases are resolved through mediation to avoid lengthy court battles.
- Court hearing: If unresolved, the case proceeds to a hearing where a judge decides the outcome.
This is true; most disputes end on the court steps, but if all parties can’t agree, the case will be brought before a judge for a decision. Our Sydney-based team can streamline this process for you.
Call the NSW Wills & Estate Disputes Helpline
For clear, honest, expert legal advice about contesting a will, our lawyers at the NSW Will & Estate Disputes Helpline offer assistance across a wide area. Such areas include contesting a will on the grounds of lack of testamentary capacity, undue influence or other bases. We also help in cases where there are asset distribution disputes and challenges to a will’s validity, disputes regarding executors and the interpretation of a will. We can assess whether or not you are likely to be deemed an “eligible person” and offer advice on the success rate of contesting will.
Contact the NSW Wills & Estate Disputes Helpline today to discuss legal costs and let us help you resolve your will challenge so you can get on with your life.
