Contesting a Will

Will contesting in Gosford

Challenging or defending a challenge to a will?

The Succession Act 2006 (formerly referred to as the Family Provision Act 1982) is legislation governing estate law in NSW. A claim can be made to the Supreme Court for provision out of an estate, if a person has been left out of a will or believes insufficient provision has been made for them.

So are you an eligible person to contest or challenge a will?

A claim can only be made by certain classes of people as set out in the Act. These people are defined as ‘eligible persons’.

Is there a time limit for making a claim?

Linda Emery is experienced in all types of Succession Act claims, whether you wish to contest a will or you are an Executor of a will and defending a claim contesting a will.

writing a will

What factors does the court consider in such cases?

Linda Emery & Associates can help you answer these questions and assist your potential claim. We understand the personal and emotional nature of such matters and aims to to deliver a stress free outcome.

Should you be entitled to a larger bequest in an Estate?

At Linda Emery & Associates, we can provide you with expert legal advice as to whether you are eligible to challenge a Will and whether the Will contains unfair provisions or inadequate provision for you. Linda Emery is a Gosford based Lawyer with over 30 years experience to help guide you in these important decisions.


You need to be an eligible person in order to challenge a will. This can include a spouse, former spouse, de facto partner, children, step-children, grandchildren or members of the deceased’s household who were dependant on the deceased. There are conditions on whether you can make a claim and you need to contact Linda Emery & Associates to obtain this expert legal advice.

Can I challenge a will?

In some circumstances, you can challenge a will where there is: Undue influence, Fraud, Forgery or the will maker lacked mental capacity.

Contact Linda Emery & Associates, your Gosford lawyer to obtain expert legal advice as to whether you can make a claim.


Defending a Will

If you are an executor or beneficiary under a will, you may need expert legal advice to defend a will in the event there is a claim made by a third person such as a family member that has been left out of the will.


At Linda Emery & Associates, we can provide you with this advice and represent you in any litigation that is commenced.  We are conveniently located in Gosford and Linda Emery, Solicitor has over 30 years experience.

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