Unfairly Left Out of a Will? We’ll Fight for the Provision You Deserve.

NSW law protects eligible people who haven’t been properly provided for. Our estate litigation team acts quickly, builds the right evidence, and resolves most matters through negotiation or mediation—while being fully prepared for court when needed.

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WHO CAN CONTEST A WILL?

Only certain people can make a family provision claim in NSW. If you’re unsure, don’t worry—eligibility is broader than many realise. We’ll assess your situation in a confidential free consultation.
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Eligibility list
You may be eligible if you’re the spouse or de facto partner of the deceased; a child (including adopted child); a former spouse; a person who was wholly or partly dependent on the deceased and a member of their household; or a person who was in a close personal relationship with the deceased at the time of death. Your prospects also depend on your financial needs, the size of the estate, your relationship with the deceased, and any competing claims.

ACT FAST — TIME LIMITS

Important: Don’t Miss the Deadline

In NSW, most family provision claims must be started within 12 months of the date of death. Acting early helps us preserve evidence (financial records, medical notes, messages, and witness statements) and open negotiations with the executor’s lawyers. If you’re close to the deadline, contact us immediately so we can protect your position.

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COMMON SITUATIONS WE RESOLVE

Situations We Commonly Resolve

Left Out or Given Too Little

Sometimes a Will leaves nothing—or far too little—to someone the deceased supported in life. We assess your needs, the estate’s value, and the history of the relationship, then build a compelling case for proper provision. Most matters resolve through negotiation or mediation once the right evidence is presented and the executor understands your claim.

Blended Families & Step-Children

Blended families create complexity, especially where promises of support were made or informal care arrangements existed. We obtain records showing dependency, contributions, and the reality of the relationship. With strong preparation, these matters often settle without a hearing and with terms that recognise both history and future needs.

Questionable Will Circumstances

If the Will was changed late in life, signed without proper witnesses, or made under pressure, you may also need advice about challenging validity. We can coordinate both tracks—family provision (seeking fair provision) and, where appropriate, validity issues (capacity, undue influence, or execution)—to secure the right outcome efficiently.

SUPPORT FOR EXECUTORS & PROBATE

Executor or Administrator? We’ll Help You Do It Right

If you’ve been appointed executor, we guide you through probate and administration from start to finish—drafting affidavits, lodging online filings, preparing the inventory, dealing with requisitions, handling caveats and responding to family provision claims. We keep the process orderly and transparent so you can fulfil your duties with confidence.

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HOW WE WIN THESE MATTERS

Situations We Commonly Resolve

Strategy Session (Free)

We start with a detailed case review: your relationship with the deceased, your current needs, the estate’s likely size, and any competing claims. You’ll receive an honest assessment of your prospects, timelines, evidence we’ll need, and fee options—so you can make a clear, confident decision.

Evidence & Valuation

We collect documents and testimony that establish dependency and need—bank statements, care records, messages, witness accounts, and property or business valuations. This evidence shapes the value of your claim and creates leverage in negotiations.

Negotiate & Mediate First

Most cases settle without a hearing when the claim is well-prepared. We push for early settlement conferences or mediation, presenting a succinct brief that makes your entitlement hard to ignore while keeping costs proportionate.

Court-Ready Representation

If settlement is refused or undervalued, we move decisively—drafting court documents, engaging counsel as needed, and advocating firmly to secure a just outcome. Throughout, you receive clear updates and practical guidance.

WHAT YOU CAN SEEK

What Kind of Result Is Possible?
Every case turns on its facts—your needs, the estate’s size, and competing claims—but the law allows the Court (or a negotiated settlement) to provide for your proper maintenance and advancement in life. That can include a lump-sum share of the estate, a transfer of specific assets, or structured provision designed to meet ongoing needs. Costs are often addressed as part of settlement. We’ll explain realistic ranges for your matter once we’ve reviewed the evidence.
Our aim is simple: a timely, fair outcome that reflects your contribution, your needs, and the estate’s capacity to provide.

CASE SNAPSHOTS (Social Proof—No PII)

Recent Outcomes (Generalised Examples)

Step-Child Provision via Mediation

Our client, a step-child who had provided regular care and support, was left out entirely. We assembled records showing dependency and contributions, then mediated with the executor’s lawyers. A confidential settlement granted a meaningful share of the estate and payment of legal costs—without court.

Carer Household Member Provided For

A household member who had shared expenses and provided day-to-day care received little in the Will. By documenting financial interdependence and health needs, we negotiated an increased provision structured to cover housing and ongoing medical costs.

Executor Defence Resolved Efficiently

Acting for the executor, we addressed multiple claims swiftly by clarifying the asset pool, disclosing relevant documents, and coordinating a settlement conference. The matter resolved with fair distributions and probate progressed without prolonged delay.

Why Choose Windsor Law?

  • We focus on estate disputes every day. You’ll get frank advice, careful preparation, and determined advocacy. We prioritise mediation to minimise stress and cost, but we’re fully prepared for court when the other side won’t be reasonable. You’ll always know what’s happening, what it means, and what it will cost.

Specialist Expertise

Mediation-First

Court-Ready

Clear Fees & Communication

Frequently Asked Questions

Contesting a Will (family provision) asks for more or fairer provision from the estate. Challenging a Will questions validity—capacity, undue influence, or execution errors. In some matters, we run both tracks. We’ll advise which pathway fits your circumstances.
Eligibility commonly includes a spouse or de facto partner, children, former spouses, people who were dependent and part of the household, and those in a close personal relationship at death. We assess both eligibility and the merits of your claim at your first consultation.
In most cases, you must commence within 12 months of the date of death. The earlier you speak with us, the better—we can preserve evidence and open negotiations before positions harden.
Not necessarily. Many claims settle at mediation once the executor sees a well-prepared case. If fair settlement isn’t offered, we’ll proceed to court and advocate strongly on your behalf.
We’re transparent on fees from day one. In many provision matters, legal costs are dealt with as part of the settlement or by court order. We’ll explain fee options and likely scenarios before you decide.
Anything that shows the relationship and need—messages, emails, bank records, shared bills, medical reports, care diaries, photographs, witness statements, and evidence of promises or support. We’ll create a tailored evidence checklist for you.
Yes. If the estate is being administered in NSW, we can run your matter remotely. We handle filings and appearances and keep you updated by phone or video.
Yes. We advise executors on probate, disclosures, responding to claims, and settlement strategy. Our goal is to resolve disputes efficiently and keep the administration moving.

EDUCATION / GUIDE

Grounds & Evidence

Family provision claims consider your relationship with the deceased, your financial needs, contributions you made, the estate’s size, and other beneficiaries’ needs. We’ll map these factors against your evidence and prepare a concise, persuasive brief.

Process Timeline

After we assess eligibility, we gather documents, notify the executor, and pursue negotiation or mediation. If required, we file court documents and manage the matter through timetabled steps. You’ll receive clear updates and practical guidance at each milestone.

Probate Basics for Executors

Executors must identify assets, apply for probate, manage any claims, and distribute the estate correctly. We prepare the paperwork, respond to requisitions, and address disputes so administration stays on track.

Find Out in Minutes If You May Have a Claim

Speak directly with a Windsor Law solicitor. Confidential discussion, clear next steps, and no obligation.

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Ready to Talk? Book Your Free Consultation Today.

We’ll review your situation, explain your rights under NSW law, and outline a practical plan to secure the provision you deserve—or help you complete probate efficiently as an executor.

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