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Understanding Your Rights When Left Out of a Will
At Fred Kalouche & Associates, our specialist wills dispute lawyers understand the complexities involved in contesting a will in NSW. We provide compassionate, clear guidance through every step, from assessing your eligibility and chances of success, to preparing and lodging your family provision claim within strict legal timeframes. Our priority is to protect your interests and help you pursue a fair and just outcome through negotiation or court proceedings if necessary.
Estate disputes can be complicated, involving detailed legal and factual issues, including interpreting the deceased’s intentions, the size and nature of the estate, and family dynamics. Engaging an experienced legal team early is essential to navigate this complex area effectively and ensure your claim is lodged correctly and on time.
You can learn more about family provision claims on the NSW Trustee & Guardian website.
Understanding Your Rights When Left Out of a Will
Who Can Contest a Will in NSW?
Being left out of a will can be an emotionally difficult and financially distressing experience, especially if you were financially dependent on the deceased or expected to receive an inheritance. Under the Succession Act 2006 (NSW), certain eligible persons—such as spouses, children (including adopted and stepchildren), de facto partners, and dependents—have the legal right to contest a will if they believe the estate does not provide adequate provision for their maintenance, education, or advancement in life.
The Legal Framework for Contesting a Will
Contesting a will involves lodging a family provision claim with the NSW Supreme Court within strict timeframes. Estate disputes can involve complex legal and factual issues, including:
• Interpreting the deceased’s intentions
• Evaluating the size and nature of the estate
• Considering family dynamics and relationships
Why Contesting a Will Matters – Protecting Your Legal Rights and Financial Future
Contesting a will is an important legal remedy that can provide financial relief and fairness when you have been excluded or inadequately provided for in a deceased estate. Many eligible claimants are unaware of their rights or the limited timeframe to act, generally 12 months from the date probate is granted. Missing this deadline usually means losing your chance to contest.
When a will does not make reasonable provision for those who depended on the deceased, it can leave families facing financial hardship. Contesting the will enables courts to redistribute estate assets fairly, based on needs, moral obligations, and the deceased’s circumstances.
It is not just about receiving an inheritance but about ensuring your financial security and maintaining your standard of living, particularly for spouses, children with special needs, or people who relied on the deceased for support.
Because contesting a will often involves emotional and legal complexities, professional legal advice is critical. Fred Kalouche & Associates work diligently to:
• Assess the strength of your claim based on NSW laws
• Advise on the evidence required to support your application
• Help negotiate settlements to avoid costly litigation where possible
• Represent you in Supreme Court proceedings if negotiations fail
Our goal is to achieve a resolution that respects your rights and minimises stress during an already difficult time.
For official guidance, visit the NSW Government’s Family Provision Claims page.
Frequently Asked Questions About Contesting a Will
Who can contest a will in NSW?
Eligible claimants typically include spouses, children, de facto partners, and dependants who were financially supported by the deceased.
What evidence is important in a will contest?
The court considers financial needs, moral obligations, and the nature of the relationship.
Can I settle without going to court?
Many disputes are resolved through mediation or negotiation, which can save time and costs.
What if I miss the 12-month deadline?
Late claims are rarely accepted unless exceptional circumstances exist.
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