What to Do When a Loved One Passes Away and You Think You May Have Been Left Something in NSW

Wills and Estate Disputes

When someone close to you passes away, asking about inheritance can feel uncomfortable during such an emotional time. However, understanding your rights and the estate administration process is important, especially in New South Wales where specific laws govern how wills are handled.

Will the Executor Tell Me About the Will?

Yes, they must. In NSW, the executor of a deceased estate has a legal responsibility to:

• Locate the deceased's will

• Identify and notify all beneficiaries named in the will

• Inform each beneficiary what they stand to inherit

If you believe you may be a beneficiary but haven't been contacted, you have the right to make enquiries.

Can I Ask to See the Will in NSW?

Absolutely. Under section 54 of the Succession Act 2006 (NSW), you can request to inspect or receive a copy of the will if you are:

• Named in the will or the parent/guardian of a minor who is named

• A beneficiary under the current will

• A beneficiary in a previous will of the deceased

• The surviving spouse or de facto partner of the deceased

• A parent or guardian of the deceased

• Entitled to inherit if the person died without a will (intestate)

• Someone who may have a claim against the estate

• Certain other prescribed persons under NSW law

How to Request a Copy

Before probate is granted: Contact the executor or their lawyer directly. There may be a small fee for copying costs.

After probate is granted: The will becomes public record and anyone can request to see it by paying the required fee to the Supreme Court of NSW.

Can I Challenge a Will in NSW?

Yes, but time limits apply. In NSW, you generally have 12 months from the date of death to contest a will. There are two main types of challenges:

1. Validity Challenges

These question whether the will is legally valid, such as:

• The deceased lacked mental capacity

• The will wasn't properly signed or witnessed

• The will is a forgery

• Someone unfairly influenced the deceased

2. Family Provision Claims

These accept the will is valid but argue you should receive more (or something) from the estate.

Important: Seek legal advice immediately if you're considering a challenge. Once the estate starts being distributed (which often happens before 12 months), challenging becomes much more difficult.

Will I Know If Someone Else Is Challenging the Will?

Yes, if you're a beneficiary. NSW law requires that all beneficiaries be notified if someone contests the will, as a successful challenge could affect what you receive.

When Will I Receive My Inheritance?

Typically within 6-12 months. Even straightforward estates usually take at least 6 months to finalise. However, you should generally receive your inheritance within a year unless there are:

• Will contests or disputes

• Difficulties selling property or assets

• Complex tax issues

• Other complications

Getting Help With Your Inheritance Rights in NSW

Dealing with a loved one's estate can be overwhelming, especially when you're grieving. If you believe you may have been left something in a will, or if you're facing challenges with an estate, it's important to understand your rights under NSW law.

Need guidance with inheritance or estate matters? Our experienced team understands the emotional and legal complexities you're facing. We provide clear, compassionate advice to help you navigate the estate process and protect your interests.

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