Have you been left out of a Will?

The loss of a family member is always a difficult time. But it can become even more distressing if you discover that you’ve been left out of their Will.

Generally, a person is free to leave their assets to whomever they choose. However, the law recognises that some people rely on the deceased for financial or emotional support — and may be unfairly left out. In these cases, it may be possible to make a claim to ensure your needs are properly considered.

Challenging or Contesting a Will

If you believe you’ve been unfairly excluded, you may have grounds to challenge the Will or contest the Estate. This can happen in two main ways:

1. Challenging the validity of the Will
   This may occur if the Will maker lacked legal capacity or didn’t fully understand what they were signing.

2. Making a claim under the Succession Act
   This applies when the Will maker had a moral obligation to provide for someone and failed to do so.

Who Can Make a Claim?

Only people who qualify as “eligible persons” under the NSW Succession Act may apply to the Court. There are seven categories:

1. A spouse of the deceased at the time of their death

2. A de facto partner, including same-sex partners

3. A child of the deceased

4. A former spouse or de facto partner who was receiving or entitled to receive maintenance from the deceased

5. A grandchild of the deceased (in some circumstances)

6. A stepchild of the deceased (in some circumstances)

7. A parent of the deceased

To be successful, you’ll need to show that the deceased had an obligation to provide for you, and that you’ve been left without adequate provision for your maintenance, education, or life advancement.

Don’t Delay – Time Limits Apply

Inheritance claims are subject to strict time limits. In most cases, you must file your claim within 12 months from the date of death.

The good news? Many claims don’t end up in court. Mediation is encouraged to resolve disputes quickly and avoid unnecessary legal costs.

Need Help?

If you’re in this situation, contact our team as soon as possible. Acting early protects your options. It’s also helpful to obtain a copy of the last Will so we can review the details with you accurately.

If you or someone you know needs advice or help with making a claim, please call us on 1300 327 826 or email paul@eastcoastlaw.com.au.

Updated 7th May, 2025