What Happens If You’re Left Out Of A Will?

Being left out of a will can feel unfair and confusing, especially if you expected to be provided for.

In New South Wales, the law recognises this and allows certain people to challenge a will if they have not been adequately provided for.

This is known as a family provision claim.

Can You Challenge A Will?

Yes, you may be able to challenge a will in NSW if you believe the deceased failed to make proper provision for you.

The Court has the power to adjust how an estate is distributed, but only where it considers that adequate provision has not been made.

Who Can Make A Claim?

Not everyone is eligible to make a claim. Under NSW law, those who may be entitled include:

• A spouse or de facto partner
• Children (including adult children)
• Former spouses
• Dependants
• Someone in a close personal relationship with the deceased

Eligibility depends on your specific circumstances, so it’s important to seek legal advice early.

What Does The Court Look At?

The Court does not simply rewrite a will. Instead, it looks at whether adequate provision has been made.

Factors considered include:

• Your financial needs and circumstances
• Your relationship with the deceased
• The size of the estate
• Any contributions you made to the deceased’s welfare
• The needs of other beneficiaries

The key question is whether “adequate provision” has been made for you.

How long Do You Have to Make  A Claim?

Strict time limits apply when making a claim.

In New South Wales, you generally have 12 months from the date of death to bring a family provision claim. Missing this deadline can significantly impact your ability to proceed.

Delays can affect your chances, so acting quickly is critical.

Is It Worth Challenging a Will?

Challenging a will can be emotionally and legally complex. While some claims are resolved quickly, others may require negotiation or court proceedings.

Seeking legal advice can help you understand:

• Whether you are eligible;
• The strength of your claim; and
• The likely outcome.

Understanding your legal position early can help you make informed decisions and avoid unnecessary costs.

How Lawgix Can Help?

If you have been left out of a will, you may still have a valid claim.

At Lawgix, we understand that estate disputes can be sensitive and stressful. Our team can guide you through your options with clear, practical advice tailored to your situation.

If you’ve been left out of a will and want to understand your rights, get in touch with us today.