Contest a will in NSW. Free assessment first.
Left out, left too little, or worried a will is not genuine? Speak to Phillip Briffa. We act for executors too.
5.0 on Google from 150+ reviews. No win, no fee for approved clients.
Who can make a claim
Under the Succession Act you can ask the Supreme Court of NSW to order provision from an estate if you are an eligible person and the will, or the law of intestacy, did not leave you adequate provision.
- Children, including adult childrenLeft out entirely, or left less than you expected.
- A spouse or de facto partnerIncluding a partner you lived with but never married.
- Someone who was financially dependentFor example a grandchild or a member of the household who was supported by the person who died.
- A beneficiary of an earlier willWhen you believe the final will should not stand.
Not sure whether you qualify? That is the first thing we check, free, when you call.
You do not have to work this out on your own. Start with one free conversation.
The 12 month deadline
In NSW a family provision claim generally has to be made within 12 months of the date of death. After that, the court needs a good reason to let you in, and it often says no.
Twelve months sounds like plenty. In practice, grief, probate and family discussions use up months, and your lawyer needs time to gather evidence about the estate and your circumstances. The families who come to us early have the most options, including settling without a hearing.
If you think the date has passed or is close, call anyway. Extensions can apply in specific circumstances and we will tell you straight whether yours might.
When the will itself is the problem
Separate from a claim for more provision, a will can be challenged as invalid. Common grounds are:
- Lack of capacityThe person did not understand what they were signing, often because of dementia or illness.
- Undue influenceSomeone pressured or manipulated them into making or changing the will.
- Fraud or forgeryThe document is not what the person actually intended or signed.
- Not properly signed or witnessedThe formal requirements were not met.
We can obtain a copy of the will and the supporting documents, review them and tell you whether there is a case worth running.
We read the paperwork so you know where you stand before you decide anything.
If you are the executor
Being named executor and then facing a claim is stressful, particularly when the people challenging the will are family. We act for executors, and for beneficiaries who want the will upheld.
We explain what the claim means for you, respond on behalf of the estate and push for a resolution that respects the wishes of the person who died. Where a claim is reasonable we will say so, and where it is not we will defend it.
What it costs
- Your first assessmentFree. Phillip looks at what happened and tells you plainly whether you have a case.
- Legal feesMany claims run on a no win, no fee basis for approved clients, or with fees deferred until the estate is resolved. We tell you which applies to you before you commit.
- Case expensesFor approved clients we fund the expenses, so $0 upfront.
You never have to decide on the call. You hear the options and the cost first, then you choose.
Disputes over an estate are rarely only about money. We keep that in mind.
What happens after you call
You call or send the short form, and someone phones you back, aiming for within one hour in business hours. You tell us what happened and who is involved.
Phillip Briffa then assesses your situation for free: whether you are eligible, how strong the claim looks, how long you have and what a realistic outcome might be.
If it makes sense to go ahead, we explain the fee arrangement and the next steps, which usually begin with obtaining the will and estate information and writing to the other side. Most disputes are resolved by negotiation or mediation rather than a full hearing.
Phillip Briffa, director
Phillip founded PB Ritz in 2013 and has acted in wills and estate disputes in Sydney since. You deal with him from the first assessment, not a call centre.
The office is on Level 7, 66 Clarence Street in the city. If you would rather talk by phone or video, that works too.
I highly recommended PB Ritz Lawyers. I'm so grateful for their assistance in an extremely complicated matter and have enormous trust in their pursuit to fully absorb their client's experiences and history. Phillip's ability to formulate the potential outcome is superb.
Melissa McCarey
More from clients
I highly recommended PB Ritz Lawyers. I'm so grateful for their assistance in an extremely complicated matter and have enormous trust in their pursuit to fully absorb their client's experiences and history. Phillip's ability to formulate the potential outcome is superb.
Melissa McCarey
From the moment I contacted him he made me feel at ease, he took the time to hear my matter out and provide as much advice as possible which assisted in making my matter smooth and simple. He's patient, personable and very responsive.
A & D Signoretti
Questions we hear a lot
How long do I have to contest a will?
In NSW the time limit for a family provision claim is generally 12 months from the date of death. Extensions can apply in specific circumstances, but they are not automatic, so speak to a lawyer as early as you can.
Who can contest a will?
Family members, beneficiaries of an earlier will and others with a legitimate interest in the estate. Whether you qualify depends on your relationship to the person who died. We check this in your free assessment.
Can I still contest if I was left something?
Yes. The Supreme Court can order further provision from an estate, so receiving a gift under the will does not stop you making a claim.
I can't afford a lawyer. What are my options?
We act for many clients on a no win, no fee or deferred fee basis. Whether that is open to you is decided after your free assessment, and we explain it in plain terms before you decide anything.
Do I have to go to court?
Many disputes are resolved by negotiation or mediation before a hearing. We explain the likely path for your matter at the assessment, including when court becomes necessary.
What if I'm the executor and someone is challenging the will?
We act for executors too. We help you respond to the claim and protect the estate, so the wishes of the person who died are upheld as far as the law allows.