National Crime 
The NSW succession framework
New South Wales probate and estate law operates under the Succession Act 2006 (NSW), a comprehensive statute that consolidates the law relating to wills, intestacy, family provision, and the administration of deceased estates. The Act is supplemented by the Probate and Administration Act 1898 (NSW), the Supreme Court Rules 1970 (NSW) — particularly Part 78 governing probate procedure — and the common law doctrines developed through the Equity Division.
Probate applications in NSW are generally expected to be made within six months of the date of death. While there is no absolute statutory deadline for a grant, delay beyond this period requires explanation. The Supreme Court of NSW, through its Probate List, exercises specialist supervisory jurisdiction over grants of probate, letters of administration, and contested probate proceedings including caveats, revocation actions, and solemn form trials.
If you are concerned about the validity of a will, the conduct of an executor, or suspect that estate assets are being mishandled, NSW law provides specific procedural pathways — from lodging a caveat to prevent a grant being made, to seeking orders for an inventory and account, to bringing a family provision claim under Chapter 3 of the Succession Act 2006.
Caveats: Preventing a grant of probate
If you have grounds to challenge a will or suspect that a grant of probate should not be made without further inquiry, a caveat may be lodged with the Supreme Court under Part 78 of the Supreme Court Rules. A caveat prevents a grant being made until the caveator has had an opportunity to be heard. Caveats are serious instruments — they must be supported by proper grounds and should not be lodged without legal advice. An improperly lodged caveat may expose the caveator to costs orders.
Family provision claims under Chapter 3
Chapter 3 of the Succession Act 2006 (NSW) empowers the Supreme Court to order provision (or further provision) from a deceased person's estate for an eligible person where the Court is satisfied that adequate provision has not been made for that person's proper maintenance, education, or advancement in life.
Eligible persons include the deceased's spouse or de facto partner, children, former spouse, and certain dependants. A family provision application must generally be made within 12 months of the date of death, although the Court may extend time in limited circumstances. The Court considers factors including the applicant's financial position, the size and nature of the estate, the competing claims of other beneficiaries, and any conduct or character of the applicant that may be relevant.
Family provision operates on the premise that the will is valid — it does not challenge the will itself. If you believe the will was procured by undue influence, fraud, or that the testator lacked capacity, a different legal pathway applies. Those challenges are heard separately in the Probate List and carry different evidentiary burdens.
NSW estate and probate services
Challenging a Will in NSW
Grounds under NSW law: undue influence, lack of testamentary capacity, fraud, forgery, suspicious circumstances, and lack of knowledge and approval. Supreme Court Probate List procedure.
NSW will challenges →Family Provision — Ch 3 Claims
Applications under Chapter 3 of the Succession Act 2006 for eligible persons who have not received adequate provision. 12-month limitation period from date of death.
Family provision claims →Executor Removal & Misconduct
Supreme Court applications to remove or pass over an executor for misconduct, delay, conflict of interest, or incapacity. Applications under s 66 of the Probate and Administration Act.
Executor removal NSW →Caveats & Objections
Lodging and responding to caveats under Part 78 of the Supreme Court Rules. Preventing an improper grant. Warning procedures and costs risks.
Caveat procedure →Power of Attorney — NCAT
Review of enduring powers of attorney by the NSW Civil and Administrative Tribunal. Suspension, variation, or revocation of an attorney's appointment where misuse is alleged.
NCAT POA review →Probate & Administration
Applying for a grant of probate, letters of administration, or resealing an interstate grant. 6-month expectation, procedural requirements, and contested applications.
NSW probate applications →Pathways for your role in an NSW estate
Executors
Your duties in NSW: apply for probate within 6 months, identify and secure assets, notify beneficiaries, pay debts, and distribute the estate. Understanding your obligations under the Succession Act 2006 and Probate and Administration Act 1898 protects you from personal liability.
NSW Executor Guide →Beneficiaries
Your rights to information, to inspect estate accounts, and to seek court orders if an executor fails to administer the estate properly. If you are an eligible person who has been left out or inadequately provided for, family provision under Chapter 3 may be available.
NSW Beneficiary Rights →Family Members & Supporters
If you are concerned about an elderly relative's will being changed under pressure, isolation, or misuse of power of attorney in NSW, protective steps are available. NCAT can review the conduct of an attorney. The NSW Trustee & Guardian may also have a role.
NSW Family Resources →NSW probate and dispute process: key stages
Identify Issues
Review the will, estate assets, and any signs of irregularity. Determine whether a caveat should be lodged before probate is granted.
Lodge Caveat (if needed)
File a caveat in the Supreme Court Probate Registry under Part 78 to prevent a grant being made pending investigation or challenge.
Gather Evidence
Obtain medical records, solicitor files, witness statements, and financial records. The Briginshaw standard applies to serious allegations.
Commence Proceedings
File a statement of claim in the Supreme Court Equity Division. Probate matters may proceed by way of statement of claim or summons.
Resolution or Trial
Many probate disputes resolve through mediation. Where necessary, proceed to a solemn form trial before a judge of the Equity Division.
Note: The six-month probate expectation in NSW is not a statutory deadline, but delay beyond this period should be explained. Family provision claims under Ch 3 must generally be brought within 12 months of death. Caveats should be lodged as soon as concerns arise — once probate is granted, the landscape of a challenge changes materially.
Need advice on an NSW estate matter?
Whether you are an executor navigating probate, a beneficiary with concerns about the administration of an estate, or a family member worried about a suspicious will — we can assess your position under the Succession Act 2006 (NSW) and advise on the available pathways.
Frequently asked questions — NSW estate disputes
There is no absolute statutory deadline, but the Supreme Court of NSW generally expects a probate application to be made within six months of the date of death. Delay beyond six months should be explained in the affidavit supporting the application. If an executor delays unreasonably, beneficiaries may apply to the Court for orders compelling the executor to proceed or for the executor to be passed over. In some cases, delay can also affect the availability of assets or evidence relevant to a challenge.
A caveat is lodged with the Supreme Court Probate Registry under Part 78 of the Supreme Court Rules 1970 (NSW). The caveat must set out the caveator's interest and the grounds for objection. Once lodged, the Registry will not seal a grant of probate or administration without notice to the caveator. The caveator should be prepared to justify the caveat — if the propounder of the will issues a warning, the caveator must enter an appearance or the caveat will lapse. Lodging a caveat without proper grounds may result in an adverse costs order. Legal advice is essential before filing.
A family provision claim is an application to the Supreme Court under Chapter 3 of the Succession Act 2006 (NSW) by an eligible person seeking provision (or further provision) from a deceased estate. Eligible persons include spouses, de facto partners, children, former spouses, and certain dependants. The Court must be satisfied that adequate provision for the applicant's proper maintenance, education, or advancement in life has not been made. The application must generally be brought within 12 months of death, although the Court has a discretion to extend time. This claim does not challenge the validity of the will — it seeks financial provision from the estate despite the will's terms.
The NSW Civil and Administrative Tribunal (NCAT) has jurisdiction under the Powers of Attorney Act 2003 (NSW) to review the conduct of an attorney under an enduring power of attorney. NCAT can make orders including: requiring the attorney to provide accounts and records, declaring that a particular transaction was not authorised, varying or revoking the power of attorney, and ordering compensation for loss caused by the attorney's failure to comply. Applications can be made by interested persons including family members, beneficiaries, and the NSW Trustee & Guardian. NCAT proceedings are generally less formal and less expensive than Supreme Court proceedings, making them an important pathway for POA-related concerns that affect estate outcomes.