Reasons to Contest a Will in NSW


Contesting a person’s will can be a frustrating thing, often due to the heavy emotions felt after the loss of an important member of your family or household, but it is nevertheless something that many must do in a number of circumstances. That said, it may be difficult for you to know at first glance whether or not you are eligible to contest the will of your passed loved one and it is imperative that you contact a professional from the start to avoid confusion. The right solicitors work on a contingency basis, meaning that they do not charge you a fee unless they win your claim so that you may receive fair and unbiased support from a firm with strong incentive to provide unparalleled work.

Eligible Persons

If you suspect you need to file to contest a will, you must first look into whether or not you are one of the many eligible persons who have the legal right to do so after the loss of a person. For example, the deceased’s spouse at the time of death, any person living in a de facto relationship with the deceased at the time of death, and the child of the deceased are all eligible. In addition, you are eligible if you are a former spouse, dependent, grandchild, or a person who lived in a personal relationship considered to be close at the time of his or her death. Finally, parents, step-children, siblings, and former de facto spouses are not expressly listed as persons who are eligible but they may become eligible under category (e) if they either lived with the deceased or were dependent on the deceased.

Unduly Influenced

If you know for certain that you are eligible to consider contesting a will, the very next thing you must do is set out to prove that your reason behind the claim is valid. For example, it may be true that your lost loved one was unduly influenced by another person with ulterior motives to change his or her will or even draft another will prior to his or her passing. A lawyer will help you to find the evidence of this unpleasant situation and provide you with the legal tools that you need to successfully contest the will before a judge.


It may be that you have evidence to support the fact the deceased was tricked into drafting or altering his or her will before his or her departure from life. This is not only illegal and deserving of swift legal action against the person responsible but it will immediately render any changes or drafts of the will invalid in favour of the original draft or entirely. With this new change, you may see the assets that should have been bequeathed to you given to their rightful owner rather than to the person who would take them away using trickery.


It may be that you suspect that the will is not a document produced by the deceased at all but by another person entirely. This may be true of some or all of the will and you must call on a lawyer to help you work through this situation.