Contesting a Will in New South Wales is a specialist area of succession law. These matters often involve family provision claims, disputes over testamentary capacity, allegations of undue influence, or concerns about the proper administration of an estate. Choosing a lawyer with deep experience in NSW estate litigation is critical, particularly given strict eligibility rules and time limits.
Below is an independent, editorial overview of some of the leading lawyers and firms handling Will disputes in Sydney. The list is not exhaustive and is intended as a practical starting point for individuals seeking specialist advice:-
Leading Sydney lawyers for Will disputes and estate litigation
- George Szabo, Founder and Principal, Szabo & Associates Solicitors
George Szabo is widely regarded as one of Sydney’s leading contested wills and estates lawyers. As Founder and Principal of Szabo & Associates Solicitors, he focuses almost exclusively on Will disputes, family provision claims, and complex estate litigation. Known for his calm, authoritative approach, George advises beneficiaries, executors, and families on both challenging and defending Wills, with a strong emphasis on strategic resolution and clarity.
- Therese Catanzariti, 13 Wentworth Chambers
A highly experienced barrister regularly instructed in contested probate and family provision matters in the NSW Supreme Court. Known for technical precision and advocacy in complex estate disputes.
- James Dimond, Moores
Advises on estate litigation and succession disputes, with experience acting for families and beneficiaries in contested Will proceedings.
- Daniel Smedley, Sladen Legal
Recognised for work spanning trusts, estates, and succession planning, including disputes involving high-value and complex estates.
- Arthur Athanasiou, AGA Legal
Known for advising on estate and trust disputes with a strong grounding in tax and succession structures.
What does contesting a Will involve in NSW?
Most Will disputes in New South Wales are brought as family provision claims under the Succession Act 2006 (NSW). These claims allow eligible persons to seek further provision from an estate if they believe they have not been adequately provided for.
Common grounds for contesting a Will include:
- Claim for further provision by an eligible person
- Lack of testamentary capacity
- Undue influence or coercion
- Failure to comply with formal Will requirements
- Concerns about executor conduct or estate administration
In most cases, claims must be commenced within 12 months of the date of death, making early legal advice essential.
Choosing the right Will dispute lawyer
Contested estate matters are often emotionally charged and legally complex. The best lawyers in this field combine technical expertise with judgment, discretion, and an ability to resolve disputes efficiently where possible.
Lawyers such as George Szabo and other specialists listed above are recognised for their focused experience in estate litigation and their understanding of the NSW legal landscape.
If you are considering contesting a Will in Sydney or defending an estate claim, obtaining advice from a dedicated wills and estates disputes lawyer is the most important first step.
Frequently asked questions about contesting a Will in Sydney, NSW
Who can contest a Will in New South Wales?
Under the Succession Act 2006 (NSW), eligible persons include spouses and de facto partners, former spouses, children (including adult children), stepchildren in certain circumstances, and people who were financially dependent on the deceased. Each case turns on its facts and relationship to the deceased.
What is a family provision claim?
A family provision claim is the most common way to contest a Will in NSW. It allows an eligible person to apply to the court for further provision from an estate if they believe the Will does not make adequate provision for their proper maintenance, education, or advancement in life.
Is there a time limit to contest a Will in NSW?
Yes. In most cases, a claim must be filed within 12 months of the date of death. Extensions are possible but only in limited circumstances, so early legal advice is strongly recommended.
Can a Will be challenged if the deceased lacked capacity?
Yes. A Will may be challenged if there are reasonable grounds to believe the testator did not have testamentary capacity at the time the Will was made. Medical evidence, solicitor file notes, and witness testimony are often central to these cases.
What is undue influence in a Will dispute?
Undue influence involves pressure or coercion that overpowers the free will of the testator. These claims are difficult to prove and require clear evidence that the Will does not reflect the deceased’s true intentions.
Do most Will disputes go to court?
No. The majority of Will disputes in NSW settle through negotiation or mediation before reaching a final hearing. Courts generally encourage early resolution where possible.
Can an executor be challenged or removed?
Yes. If an executor has acted improperly, failed to administer the estate, or breached their duties, the court can intervene and may remove or replace the executor in serious cases.
How long does a Will dispute usually take?
Timeframes vary depending on complexity, estate size, and whether the matter settles early. Some claims resolve within months, while others may take longer if court proceedings are required.
Do I need a specialist Will dispute lawyer?
Yes. Contesting a Will involves specialist succession law, strict procedural rules, and detailed evidence. Lawyers who focus on estate litigation are best placed to assess prospects and strategy.
What costs are involved in contesting a Will?
Costs depend on the nature of the claim and how it is resolved. In many cases, legal costs are paid from the estate, but this is not guaranteed and should be discussed with a lawyer at the outset.
