Wills and estates

Use this when

You are an executor being challenged, a person left out of a will, or a family member who thinks the will or the administration is wrong.

Leave with

The court, the kinds of claim, the reason the time limit is the first thing to find, and the guides that carry most weight in an estate dispute.

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A NSW succession litigation specialist.

What is different about an estate matter

The clock is short and starts at an event you may not have noticed. Claims for provision from an estate must be brought within a period measured in months, and the period runs from the death in some states and from the grant of probate in others. If it has passed, the court can sometimes extend it; that needs urgent advice, not a decision to give up.
Costs behave differently here, and not always in your favour. An estate defending a claim usually pays from estate funds, but a claimant who fails can be ordered to pay costs personally. Ask early how costs are usually dealt with in your state's Supreme Court for this kind of claim.
Mediation is close to compulsory in family provision claims in most states, and most settle there. The mediation guide is central.
The key witness is dead. Evidence is documents, the will-maker's own records, and the recollections of others. The pinpoint table and chronology do most of the work.
Grief is in the room. Every party is bereaved and most are related. The Calm Spine footing matters more than argument.

Court, time limits, first steps

Which court

The Supreme Court of your state or territory, usually in a probate or equity list. State law, so the NSW-labelled pages here apply in NSW and describe the kind of rule to look for elsewhere.

Kinds of claim

Family provision: the will did not make adequate provision for an eligible person. Validity: the will-maker lacked capacity, was pressured, or the document was not properly made. Administration: the executor is delaying, mishandling, or not accounting.

Time limits

In NSW a family provision claim must generally be made within 12 months of the death. Other states use different periods, some as short as three to six months, and some run from the grant of probate rather than the death. Find your state's limit today and set a working deadline well before it.

First steps

Get a copy of the will and the death certificate. Find out whether probate has been granted, and when. Write to the executor, in an open letter, stating that you intend to make a claim and asking that the estate not be distributed. That letter does not start proceedings and does not stop the time limit; only filing does. The request, refusal, exhibit method applies.

If you are the executor

Whether and when you may safely distribute depends on statutory notice procedures, timing and exceptions (in NSW, sections 93 and 94 of the Succession Act 2006); an executor who distributes with notice of a claim can be personally liable. Get advice before distributing. Keep accounts from day one and communicate in writing, evenly, with every beneficiary; the correspondence log helps you show it.

Executor or claimant: two different jobs

An executor represents the estate, not themselves, and is judged on even-handedness and records. A claimant has to establish eligibility, need, and the estate's ability to pay, mostly by affidavit. If you are both, an executor who is also bringing a family provision claim, say so plainly in every document, and expect the court to look hard at any decision that favoured you.

Which guides apply

Orders, directions and deadlinesThe limitation section first. Then the rest.
Build a living chronologyHealth, capacity, relationships and gifts over years, with a source per line.
Clean, confidential or compelled?Medical records and bank statements of the deceased need the sorting rule.
What is an affidavit?Provision claims are decided largely on them.
Mediation without dependenceMost estate claims end here. Know your three numbers.
Escalate one step at a timeAsk the executor before applying; the record of asking matters.
Notice to admit factsDates, documents and relationships nobody disputes, admitted early.

Official resources

Supreme Court of NSW: self-represented litigants and LawAccess NSW, 1300 888 529, for NSW probate and provision questions
SA Courts: representing yourself, which covers probate directly
SA Law Handbook and Victoria's Law Handbook, plain-language chapters on wills and estates
Your state's legal aid line and Supreme Court page, listed on the resources page

General information only, not legal advice. Succession law, eligibility to claim, time limits and costs rules differ between states and territories and change; the NSW limit stated here is from the Succession Act 2006 (NSW) as understood at the review date. Confirm your state's rule before relying on it, and obtain advice early because the limits are short. All names and events in the examples on this site are fictional. Last reviewed: September 2026.