Contesting a Will occurs when an eligible applicant disputes the terms of a Will because they have been either inadequately provided for or totally excluded. Even in circumstances where there is no Will and the Estate is determined on intestacy, you may still be eligible to make a claim. Contesting a Will is also known as a Family Provision claim (FPA claim).
Family provision legislation in each State allows the Court to override the terms of a Will so as to provide proper maintenance and support for an eligible applicant. In determining whether provision should be made for an eligible applicant, the legislation also sets out the relevant factors which the Court may consider.
There are strict time limitations which apply to contesting or disputing a Will and the relevant rules and procedures differ in each State.The legislation governing family provision claims in New South Wales is the Succession Act 2006.In NSW you have 12 months from the date of death to contest the Will.

Eligible applicants in each State will vary. In NSW, a spouse/defacto, child, former spouse, member of the household and grandchild of the deceased are eligible to make a claim.