Can I Challenge My Parent’s Will in NSW? Lessons from Bruce v Bruce

A recent NSW Supreme Court decision involving a $7.5 million Coogee home shows how quickly disagreements about a parent’s Will can become costly and complex.

In Bruce v Bruce [2026] NSWSC 900, the Court considered whether an elderly mother’s later Will genuinely reflected her wishes or had resulted from the influence of one of her children.

What happened in Bruce v Bruce?

Agnes Bruce died in 2024 at the age of 102. Her estate was worth approximately $7.7 million and included a Coogee property valued at around $7.5 million.

Under a Will made in 2010, Agnes largely favoured her son, Robert. In 2015, she made a new handwritten Will dividing the Coogee property equally between Robert and her daughter, Paula.

Robert challenged the 2015 Will. He alleged that Paula had influenced their mother and that Agnes did not know and approve the contents of the Will.

The circumstances raised questions because Paula was involved in arranging the Will, remained present while it was prepared and signed, and her son wrote the document by hand.

However, unusual or suspicious circumstances do not automatically invalidate a Will.

What did the Court decide?

The Court upheld the 2015 Will.

The evidence showed that Agnes dictated its contents, referred to notes, read the completed document and had previously explained why she wanted to change her earlier Will.

The substantial increase in the value of the Coogee property had affected what Agnes considered to be a fair division between her children. The Court was satisfied that the later Will reflected her genuine intentions.

The decision demonstrates that involvement by a beneficiary may attract careful scrutiny, but it does not automatically establish undue influence.

Can you challenge a Will in NSW?

A Will may be challenged on grounds including:

• lack of testamentary capacity;
• lack of knowledge and approval;
• undue influence;
• improper execution;
• fraud or forgery; or
• revocation of the Will.

Being disappointed with an inheritance is not, by itself, enough to invalidate a Will.

The person challenging the Will will generally need evidence showing that there was a legal problem with how it was made or that it did not reflect the deceased’s genuine wishes.

What is undue influence?

Undue influence involves more than persuasion, advice or a family member expressing an opinion.

The issue is whether pressure or coercion overpowered the Will-maker’s free choice. This can be difficult to prove, particularly because the person who made the Will is no longer available to explain what occurred.

A beneficiary’s involvement in arranging appointments, preparing documents or attending meetings may raise concerns. However, as Bruce v Bruce demonstrates, the Court will examine all the evidence before deciding whether the Will resulted from coercion.

What if my parent lacked capacity?

A person must have testamentary capacity when making a Will. Broadly, they must understand that they are making a Will, the general nature of their assets, the people who may reasonably expect to benefit and the effect of the proposed distribution.

Age alone does not establish a lack of capacity.

Where dementia, cognitive decline or illness is involved, relevant evidence may include medical records, the solicitor’s file, witness accounts and the circumstances in which the Will was prepared.

What does “knowledge and approval” mean?

Even where a person has testamentary capacity, the Court must be satisfied that they knew and approved the contents of the Will.

Questions may arise where a beneficiary prepared the document, organised its execution or was closely involved in the process.

In Bruce v Bruce, the Court accepted that the circumstances required careful examination. However, the evidence ultimately showed that Agnes understood the document and intended it to operate as her Will.

What if the Will is valid but I received little or nothing?

This is different from challenging the validity of a Will.

An eligible person may be able to make a family provision claim if adequate provision was not made for their proper maintenance, education or advancement in life.

A family provision claim does not seek to invalidate the Will. Instead, it asks the Court to order further provision from the estate under the Succession Act 2006 (NSW).

Strict time limits apply, so legal advice should be obtained promptly.

Why can estate disputes become expensive?

A contested estate may require evidence from:

• previous Wills;
• solicitors and other witnesses;
• medical practitioners;
• family members and friends;
• correspondence and file notes; and
• financial and property records.

Court proceedings can result in substantial legal costs. An unsuccessful party may also be ordered to pay some or all of another party’s costs.

In Bruce v Bruce, a dispute about the family home developed into lengthy litigation involving competing accounts of promises, family relationships and the circumstances surrounding the later Will.

How can families reduce the risk of a dispute?

Careful estate planning can reduce uncertainty.

A Will-maker should obtain independent legal advice, clearly document their wishes and explain any significant or unequal distribution. If capacity may later be questioned, appropriate medical evidence should also be considered.

Beneficiaries should avoid controlling the process or being unnecessarily involved in preparing the Will. Choosing an appropriate executor and regularly reviewing the entire estate plan can also help prevent future disputes.

The takeaway

Bruce v Bruce [2026] NSWSC 900 confirms that a significant change between Wills, a beneficiary’s involvement and an apparently unfair outcome do not automatically invalidate a Will.

The central question is whether the Will-maker had capacity, understood and approved the document, and made the decision freely.

If you have concerns about the validity of a Will or believe you have not received adequate provision from an estate, obtain legal advice before commencing proceedings.

At Lawgix, we assist clients with Wills, estate planning, probate, estate administration and estate disputes.

Contact the Lawgix team to discuss your circumstances and consider your options.

Important: This article provides general information only and does not constitute legal advice. Estate disputes and family provision claims depend on the individual circumstances of each matter. Legal advice should be obtained before acting.