Is It Too Late to Contest a Will? When the Court May Allow a Late Claim

•2 October 2026

Key Points

A family provision claim in NSW must generally be filed within 12 months of the date of death.
A late claim may still proceed if the court allows it because sufficient cause is shown, or if the parties consent, but neither is guaranteed.

Sealed will beside a door left slightly open, with light coming through

It is not necessarily too late to contest a will in NSW once 12 months have passed. A family provision claim must generally be filed within 12 months of the date of death, but the court can allow a later claim if “sufficient cause” is shown or if the parties to the proceedings consent.

So, whether you can still contest a will after 12 months depends on why the claim was not made in time and on the wider circumstances.

Too late to contest a will? How the court decides

A late family provision claim needs a genuine explanation for why it was not made within the 12-month time limit.

If the court is satisfied with the explanation, it then looks at all the circumstances before deciding whether to grant an extension of time to contest a will. It will generally consider:

how long the delay was, including any further delay after the 12 months ended;
whether beneficiaries of the estate would be unfairly prejudiced;
whether the person deliberately decided not to claim earlier, and an executor or beneficiary relied on that decision to their detriment; and
how strong the underlying claim appears to be.

A simple change of mind is not usually enough, even if someone else has since made a claim.

If you think you may be out of time, it is worth getting advice promptly. Any further delay becomes part of what the court weighs.

Frequently asked questions

When does a claim count as made?

A claim is treated as being made on the day it is filed with the court. Contacting a lawyer or the executor does not stop the clock.

Does getting more time mean my claim will succeed?

No. An extension only means the court will consider the claim. The court must still decide whether to make an order in your favour.

How we can help

If you think you may be out of time to contest a will, contact Stephen Wawn & Associates for a free consultation. We can help you understand where you stand and what your options are.

Are you looking for someone to help?

Let us help you! Call Now : (02) 9328 1000

[email protected]

· Mon – Fri 9:00 am – 5:00 pm

Contact us now

Bella Pirina

Bella Pirina is a paralegal at Stephen Wawn & Associates, working in probate, conveyancing and estate planning under the supervision of the principal. She is completing a combined Business and Law degree at UTS and her PLT with the College of Law, and expects to be admitted in February 2027.