Please select Menu Source


The common pitfalls can help you approach the situation more effectively and increase your chances of a favorable outcome. One of the most critical mistakes is missing the statutory time limit for contesting a will. In NSW, you typically have 12 months from the date of the deceased’s death to file a claim. This period might seem long, but gathering necessary documents, obtaining legal advice, and preparing your case can take significant time.

Contesting a will is a complex legal process, particularly in New South Wales (NSW), where specific regulations and guidelines govern such matters. In this comprehensive guide, we explore the intricacies of contesting a will in NSW and highlight four crucial mistakes to avoid during this challenging process.

Many people contesting a will overlook the importance of mediation and settlement discussions. The court often requires parties to attempt mediation before proceeding to a full trial. Mediation can be a less stressful and more cost-effective way to resolve disputes.

It allows for a more flexible and confidential setting where both parties can negotiate and potentially reach an amicable agreement. Ignoring this step can lead to prolonged litigation, increased legal costs, and further strain on family relationships.
Embrace mediation as a valuable opportunity to resolve the matter efficiently.

Urgent: Contesting a will?

Schedule Your Free Consultation With Our Estate Lawyers Today.

*Free consultation is limited to 15 minute phone call for us to give preliminary advice


Contesting a will involves challenging the distribution of assets outlined in the deceased’s testament. In NSW, the process is governed by the Succession Act 2006, which outlines the grounds and procedures for contesting a will. Understanding these processes is crucial to navigating the legal landscape effectively.


Procrastination can be detrimental when contesting a will. NSW law imposes strict time limits for initiating a claim. Failing to act promptly may result in forfeiture of your right to contest. It is imperative to seek legal advice promptly if you believe you have grounds to challenge a will.


In the complex legal realm of will contests, professional advice is invaluable. Engaging with experienced Wills & Estates Lawyers In Sydney can provide critical insights into the strengths and weaknesses of your case. This expert guidance enhances your chances of a successful resolution.


Contesting a will without valid grounds is a common mistake. NSW law recognizes specific grounds for contesting, including lack of testamentary capacity, undue influence, and family provision claims. Failing to assess the validity of your grounds can lead to unnecessary legal battles and financial strain.


Mediation and alternative dispute resolution methods offer viable alternatives to lengthy court battles. Disregarding these options can be a mistake. Opting for mediation allows disputing parties to reach a mutually agreeable settlement, minimizing emotional distress and financial burdens.


Contesting a will in NSW demands careful consideration and strategic planning. By avoiding the aforementioned mistakes and seeking professional guidance, you can navigate the legal intricacies successfully. Remember, time is of the essence, and early intervention is key to a favorable outcome.


You must initiate a claim within 12 months from the date of the deceased’s passing. Extensions are rare and granted only in exceptional circumstances.
Yes, NSW law allows eligible persons, including non-family members who were financially dependent on the deceased, to contest a will.
The costs vary depending on the complexity of the case. Legal fees, court fees, and other associated expenses should be considered. Seeking legal advice provides clarity on potential costs.
Yes, alternative dispute resolution methods like mediation and negotiation offer ways to settle disputes without resorting to court litigation.

Engaging a qualified lawyer, gathering relevant documentation, and considering alternative dispute resolution methods contribute to a smoother contesting process.

Our Latest Blogs

Clear Filters

How To Write A Will That’s Legally Binding In Australia

A wills lawyer who is aware with the legislation in your state can make sure that your will conforms with all applicable rules.

How to Avoid An Estate Dispute

It may be difficult to navigate the complexities of estate planning, particularly in a busy city like Sydney. But with…

Which Things Beneficiaries of an Estate Must Consider

When you become the beneficiary of an estate, it’s both an honor and a responsibility. The process can be complex,…

How to Get Power of Attorney?

Navigating the complex world of legal agreements can often feel like trying to decode an ancient language. One term that…


Our Happy Clients

10/10 for Professionalism, Due diligence and very easy to deal with. Definitely recommended 😊 Tina does whatever she could to ensure your best interest is represented 👍🏻 The CMI Legal team is a team you can trust. There is nowhere else I’d rather be going to for legal advice, you soon will learn why, too.
Tina Tang is doing excellent service job as a profesional lawer and provide valued information about property purchase issue.Thank you so much,we are appreciated to your skilled help and hope to cooperate with your esteemed company,current residential living apartment 506/2-4 Culworth Ave Killara should be put in market,we hope Tina Tang will provide support as well.thank you so much. Joe Shi
CMI are very knowledgeable regarding Intellectual Property Law. I spoke with John & he helped me talk through my options & potential outcomes. He was very considerate & explained everything in detail, which I appreciated greatly.
I am highly grateful for all the assistance I was provided by CMI Legal during my home purchasing process. Tina has guided me through 2 separate purchases and she has been professional and prompt with personalized advice. I would be completely overwhelmed were it not for her legal expertise.
I really recommend the legal service here! Tina is my lawyer and she is very helpful for all the works, and she always communicates with me with all the details very well. I will definitely work with her again in the future.
Working with Tina through all steps of our property purchase was such a delight. She provided frequent updates at every step of the process so we always knew where everything was up to. We were always provided with clear and concise instructions and never left wondering what to do next. Would highly recommend!
Thank you for your Excellent support your understanding to our request help us with the process and an fantastic advice to our Family Business, thank you CMI Legal Pty Ltd Team at Chatswood,NSW for all the effort to put to focus for all the details to help and support us. We are incredibly grateful to you for your help.Thank you for the outstanding SERVICE to us and your Customer. Thank you to your nice receptionist for great customer services.. receptionist
Professional and down to earth, willing to listen to my issues without prejudice. Highly recommend

Explore Our Comprehensive Legal Services

Got an issue you want to chat to a Legal Professional?

*Free consultation is limited to 15 minute phone call for us to give preliminary advice