You’ve probably heard someone say “a Will isn’t worth the paper it’s written on” after learning about Will contests. While it’s true that Wills can be challenged under NSW law, this common concern shouldn’t stop you from creating proper estate planning documents. Here’s why having a Will remains one of the most important legal decisions you’ll make for your loved ones.

Understanding Will Contests in NSW

When people talk about “contesting a Will,” they’re referring to family provision applications under the Succession Act 2006 (NSW). This legal process allows certain people to challenge a Will if they believe they should have received more from the estate.

While this possibility exists, it’s important to understand that Will contests aren’t as common or as easy as many people believe.

Who Can Actually Contest Your Will?

Not everyone can make a claim against your estate. Section 57 of the Succession Act clearly limits who has standing to contest a Will. Only these people are eligible:

• Your spouse or de facto partner
• Your natural or adopted children
• People who lived with you and were dependent on you

This means most other family members, friends, or distant relatives cannot challenge your Will, regardless of their relationship to you or expectations about inheritance.

Why Having a Will Still Matters

You Choose Your Executor

One of the most important aspects of a Will is appointing an executor – the person who will manage your estate and carry out your wishes. If you die without a Will (called dying “intestate”), you lose this control entirely.

Under intestacy laws, the major beneficiary typically becomes the administrator of your estate. This person may not be who you would have chosen to handle your affairs, and they’ll be making important decisions about your assets and legacy.

Specific Gifts Require a Will

Want to leave your grandmother’s engagement ring to your daughter, or your vintage car to your best mate? The laws of intestacy don’t allow for specific gifts – they only divide assets according to rigid formulas.

Only a properly drafted Will can ensure your meaningful possessions go to the right people. Whether it’s something of commercial value or pure sentimental worth, specific bequests require clear documentation in a Will.

Prevent Unwanted Inheritance Outcomes

Intestacy laws can create surprising results. If someone who would have inherited under the legislation dies before you, their share might pass to their children instead. This could mean part of your estate goes to people you never intended to benefit – perhaps nieces or nephews you barely know.

A Will gives you complete control over these scenarios, allowing you to specify alternative beneficiaries and prevent unwanted distributions.

The Administrative Reality

Probate vs Letters of Administration

Administering an estate without a Will creates significantly more complexity. While estates with Wills require a Grant of Probate from the Supreme Court, estates without Wills need Letters of Administration – a much more involved process.

Letters of Administration involve:

• Extensive additional paperwork
• Complex discussions among potential beneficiaries
• Possible disputes about who should apply
• Longer timeframes and higher costs

These complications cause stress for your loved ones during an already difficult time, and can often be completely avoided with proper Will planning.

Peace of Mind Through Proper Planning

The reality is that most Wills are never contested. Even when they are, having a properly drafted Will provides the best protection for your wishes and your beneficiaries.

Working with qualified NSW solicitors ensures your Will complies with legal requirements, reduces the likelihood of successful challenges, and gives your family the clearest possible guidance during their time of grief.

A Will truly is worth more than the paper it’s written on – it’s worth your peace of mind and your family’s future security.

Ready to protect your loved ones with proper estate planning? Our Penrith legal team specialises in NSW estate planning and can help you create a Will that reflects your wishes while minimising the risk of disputes. Contact us today to discuss your estate planning needs and ensure your family’s future is secure.