Dealing with contests or disputes
Information on what to do as an executor of an estate if there is a dispute about the will, or if the will is contested.
A will might be contested for several reasons, including:
- a family member does not believe they've been fairly considered as part of the will
- the will is not valid.
To contest a will, a family provision claim must be filed with the court within 12 months of the date of death.
Only an eligible person can make a family provision claim, including:
- immediate family member
- former husband or wife
- de facto partner.
If someone makes a formal contest to the will or makes a claim to the estate, you must wait until this is resolved by the court before distributing any assets.
Learn more about family provision claims at LawAccess NSW.