Last updated: 26 March 2026
If you are thinking about contesting a will in New South Wales, the most critical fact you need to know is this: there is a strict time limit to contest a will in NSW of 12 months from the date of the deceased person’s death. Not from the date you found out about the will. Not from the date probate was granted. From the date of death itself.
This deadline comes from section 58(2) of the Succession Act 2006 (NSW). If you believe you have been left out of a will or not adequately provided for, the most important thing you can do is get legal advice quickly. That 12-month clock is already running.
Where Does the Time Limit to Contest a Will Come From?
The Succession Act 2006 (NSW) governs family provision claims in New South Wales. Section 58(2) provides that an application for a family provision order must be made within 12 months from the date of the deceased person’s death. This is a strict statutory deadline – it is not flexible, and courts treat it seriously.
It is worth noting that in NSW, you do not need to wait for probate to be granted before filing your claim. You can commence proceedings within that 12-month window regardless of whether probate has been obtained. However, the time limit to contest a will runs from the date of death – so if you only learn about the will months later, you may already have lost a significant portion of your available time.
Can You Get an Extension Beyond the 12-Month Time Limit?
Yes, but it is not straightforward. The court has discretion to allow a late application under section 59 of the Succession Act 2006. However, the court will only grant an extension if there is “sufficient cause” for the delay.
In practice, the court considers factors including the length of the delay, the reasons for it, the strength of the underlying claim, whether the estate has already been distributed, and whether granting the extension would cause prejudice to other beneficiaries. If the estate has already been distributed, getting an extension becomes significantly more difficult.
It is also important to know that an executor in NSW can distribute the estate after six months from the date of death, provided they have filed a notice of intended distribution and waited 30 days. Once that happens, recovering assets from beneficiaries who have already received them is much harder.
The bottom line: do not rely on the possibility of an extension. Treat the time limit to contest a will as a hard deadline.
What Are the Time Limits to Contest a Will in Other States?
Each Australian state and territory has its own legislation and its own time limit for family provision claims. The periods range from three months to 12 months, and – critically – the starting point differs between jurisdictions. In some states the clock runs from the date of death; in others, it runs from the date probate or letters of administration are granted.
| State / Territory | Time Limit | Runs From | Legislation |
|---|---|---|---|
| New South Wales | 12 months | Date of death | Succession Act 2006 (NSW), s 58 |
| Queensland | 9 months | Date of death | Succession Act 1981 (Qld), s 41 |
| Victoria | 6 months | Grant of probate | Administration and Probate Act 1958 (Vic), Part IV |
| South Australia | 6 months | Grant of probate | Inheritance (Family Provision) Act 1972 (SA), s 8 |
| Western Australia | 6 months | Grant of probate | Family Provision Act 1972 (WA) |
| ACT | 6 months | Grant of probate | Family Provision Act 1969 (ACT) |
| Northern Territory | 12 months | Grant of probate | Family Provision Act 1970 (NT) |
| Tasmania | 3 months | Grant of probate | Testator’s Family Maintenance Act 1912 (Tas) |
If the deceased lived in a different state, or held assets in multiple states, the applicable time limit may depend on the jurisdiction where the estate is administered. This is an area where legal advice is important, because getting the jurisdiction wrong can be costly.
Who Can Contest a Will in NSW?
Under the Succession Act 2006, “eligible persons” who can bring a family provision claim include the spouse or de facto partner of the deceased, children (including adopted and stepchildren in certain circumstances), former spouses, dependants, grandchildren, and members of the same household. The categories are defined in section 57 of the Act.
Being an eligible person does not guarantee success. The court must also be satisfied that adequate provision has not been made for your proper maintenance, education, or advancement in life. Our guide to how to contest a will in NSW explains the full process.
What Should You Do If the Time Limit to Contest a Will Is Close?
If you are approaching the 12-month mark from the date of death, you need to act immediately. Even if you are still gathering information, a lawyer can file a summons to preserve your position within time and then continue preparing the case after that.
Filing within time is critical. The difference between being one day inside and one day outside the 12-month period can be the difference between having a strong claim and having to argue for the court’s discretion to even hear you. You may also want to consider lodging a caveat to protect your position while you prepare.
What If You Did Not Know About the Death or the Will?
The 12-month deadline applies regardless of whether you knew about the death, knew about the will, or knew you had a right to make a claim. Lack of knowledge is not an automatic excuse. However, it may be a factor the court considers if you need to apply for an extension of time under section 59.
If you are concerned about a potential claim, you can search the NSW Supreme Court probate registry to find out whether probate has been applied for. You can also lodge a caveat with the registry to ensure you are notified when an application for probate is made.
Does the Time Limit Apply to All Types of Will Challenges?
The 12-month rule applies specifically to family provision claims – that is, claims that a person was not adequately provided for in the will. If you are challenging the validity of a will on other grounds (for example, because the person lacked testamentary capacity, or because of undue influence or fraud), different time limits and rules may apply.
It is important to get legal advice about which type of claim is appropriate for your situation, because the time limits and the legal tests are different. Understanding the costs involved in contesting a will early on can also help you make an informed decision.
Frequently Asked Questions
Does the 12-month time limit to contest a will start from the date probate is granted?
No – not in NSW. In New South Wales, the 12 months runs from the date of the deceased person’s death under section 58(2) of the Succession Act 2006. This is different from several other Australian states (such as Victoria and South Australia) where the clock starts from the date probate is granted.
Can I contest a will after 12 months?
You can apply to the court for an extension under section 59 of the Succession Act 2006, but the court will only grant it if you can show sufficient cause for the delay. If the estate has already been distributed, it becomes much harder.
How do I find out when someone died or whether probate was granted?
You can search the NSW Supreme Court probate registry online or in person. The registry records the date of the grant, the name of the executor, and other details. A lawyer can also conduct this search for you.
What if the executor distributes the estate before 12 months?
In NSW, an executor can distribute the estate after six months from the date of death, provided they have filed a notice of intended distribution. If an eligible person has put the executor on notice of an intended claim, the executor should not distribute until the claim is resolved. If the estate has been distributed, it becomes harder (but not necessarily impossible) to pursue a claim.
Does the time limit apply in states other than NSW?
Each state and territory has its own time limit – ranging from 3 months in Tasmania to 12 months in NSW and the Northern Territory. See the table above for a full comparison. If the deceased lived in another state, different rules apply.
Protect Your Rights – Talk to Us
If you think you may have a claim against an estate, do not wait. The time limit to contest a will in NSW is strict, and early legal advice is the best way to protect your position.
Call Segelov Taylor Lawyers on 1800 430 855 for a free initial consultation. We can tell you where you stand and what your options are – quickly and in plain English.