In this guide
- What is a family provision claim in NSW?
- Who is eligible, and the 12-month deadline
- Common grounds for a claim
- Why litigation is the costly, last-resort option
- Why mediation is the preferred path in NSW
- What happens at an estate mediation
- When legal advice still matters
- Contesting a will outside NSW
- Taking the first step
Key takeaway: In NSW, an eligible person — typically a spouse, de facto partner, or child, including an adult child — can apply to the Supreme Court of NSW for a greater share of a deceased estate under the Succession Act 2006 (NSW), but generally must do so within 12 months of the date of death. The NSW Supreme Court's Probate and Family Provision List typically expects parties to attempt mediation before a contested matter proceeds to a final hearing — and most family provision disputes settle there, privately and far faster than a court judgment.
What is a family provision claim in NSW?
Under the Succession Act 2006 (NSW), an "eligible person" — typically a spouse, de facto partner, child (including an adult child), or in some cases a former spouse or dependant — can apply to the Supreme Court of NSW for a greater share of a deceased estate if they believe the will (or the rules of intestacy) failed to make "adequate provision" for their proper maintenance, education, or advancement in life.
Similar family provision legislation exists in every Australian state and territory, though eligibility rules and time limits vary — which is exactly why the NSW rules matter if the deceased was domiciled in NSW or the estate is being administered there. See our national guide to estate and inheritance dispute mediation for how the process compares across Australia.
Not sure if you're an eligible person under the Succession Act? Get a clear, honest answer in a free initial consultation.
Book a free consultation →Who is eligible, and the 12-month deadline
Under section 57 of the Succession Act 2006 (NSW), the following people are generally eligible to bring a claim:
- A spouse of the deceased at the time of death
- A de facto partner of the deceased at the time of death
- A child of the deceased, including an adult child
- A former spouse of the deceased
- A person who was, at any time, wholly or partly dependent on the deceased and a member of their household
- A grandchild who was at any time wholly or partly dependent on the deceased
- A person living in a close personal relationship with the deceased at the time of death
Under section 58 of the Succession Act 2006 (NSW), a family provision application must generally be filed within 12 months of the date of death, regardless of when probate is granted. The court can extend this period, but only where the applicant shows sufficient cause — so acting promptly matters far more than most people realise.
| NSW position | |
|---|---|
| Governing legislation | Succession Act 2006 (NSW) |
| Court | Supreme Court of NSW — Probate and Family Provision List |
| Time limit | 12 months from date of death (extensions only for sufficient cause) |
| Test applied | Whether the will (or intestacy) made "adequate provision" for the applicant's proper maintenance, education or advancement in life |
| Mediation expectation | Generally expected before a contested matter proceeds to final hearing |
Common grounds for a claim
- Being left out of the will entirely, despite a close relationship with the deceased
- Receiving significantly less than other beneficiaries in similar circumstances
- A late change to the will shortly before death, raising questions about capacity or undue influence
- A stepchild, dependant, or estranged child who was nonetheless financially reliant on the deceased
Why litigation is the costly, last-resort option
Contested estate matters heard in the Supreme Court of NSW can take twelve months or more to reach a hearing, and legal costs frequently run into the tens of thousands of dollars — sometimes exceeding the value of smaller estates altogether. Litigation is also public, adversarial, and almost always damages family relationships that took decades to build. For many families, the "win" at the end of a court case isn't worth what it costs to get there, financially or emotionally.
Facing a family provision dispute? Talk to a mediator experienced in NSW estate matters before costs escalate.
Book a free consultation →Why mediation is the preferred path in NSW
Mediation offers a private, faster, and considerably more affordable alternative — which is why the courts actively encourage it. The NSW Supreme Court's Probate and Family Provision List typically expects parties to attempt mediation before a contested family provision matter proceeds to a final hearing, reflecting a broader push across Australian courts to resolve estate disputes collaboratively wherever possible.
| Mediation | Supreme Court of NSW | |
|---|---|---|
| Timeframe | Often resolved in a single day | 12 months or longer to a hearing |
| Cost | A fraction of litigation, usually shared | Can run into tens of thousands per side |
| Confidentiality | Private — outcomes stay within the family | Public record |
| Outcome control | Parties negotiate their own agreement | A judge decides |
| Flexibility | Staged payments, asset transfers, non-financial terms | Limited to legal remedies the court can order |
Key benefits of estate mediation include speed, cost savings, confidentiality, preserved relationships, and flexible outcomes that a court has no power to order. If you're preparing to sit down at the table, it helps to understand what to expect from the process beforehand, including what documents to gather and how to think through your realistic goals.
What happens at an estate mediation
An accredited mediator facilitates a structured but informal conversation between the parties — often the executor, beneficiaries, and any eligible person contesting the will. Unlike a judge, the mediator doesn't decide the outcome; their role is to help everyone identify common ground and reach a workable agreement. Sessions can run for a few hours or a full day, and can be held in person, online, or in "shuttle" format where parties remain in separate rooms if direct contact would be too difficult.
Because these disputes often intersect with related family matters — for example, where an ageing parent's own care or capacity was in question before death — it's also worth reviewing our guide to elder care and guardianship disputes, and where a deceased's estate plan needed to be reconsidered following a separation, why wills need updating after separation.
Grief and inheritance disputes rarely resolve themselves. Book a free consultation to discuss your family's situation.
Book a free consultation →When legal advice still matters
Mediation doesn't replace the need for legal advice on your entitlements, particularly around eligibility to claim, time limits, and the strength of your position under the Succession Act 2006 (NSW). Many people attend mediation after first getting a clear picture of their legal position, then use that advice to negotiate a fair outcome rather than pursuing a drawn-out court battle. LawAccess NSW provides free, independent legal information for people in NSW considering a claim.
Contesting a will outside NSW
Every state and territory has its own family provision legislation, eligibility rules and time limits — some considerably shorter than NSW's 12 months. If the deceased lived outside NSW, or you're weighing up a claim in another state, see our national overview of contesting a will in Australia or our comprehensive guide to contesting a will with mediation for the broader picture.
Taking the first step
Grief and inheritance disputes rarely resolve themselves, and the longer they sit unaddressed, the harder they can be to fix — both legally and emotionally. If you're facing a family provision dispute in NSW or a disagreement over a loved one's estate, mediation offers a faster, more affordable, and far less damaging path to resolution than the Supreme Court. See how our estate dispute mediation service works, or book a consultation to discuss your family's situation.