Wills & Estates in New South Wales — What You Need to Know Right Now
Do You Need a Lawyer?
A lawyer becomes critical when: the estate is large or holds property, a business or superannuation; the will is unclear, informal, or you suspect it was made under pressure or without capacity; someone is threatening or making a family provision claim; there is no will and the family is blended (children from different relationships); or you are an executor unsure of your duties and personal exposure. Executors can be held personally liable for distributing an estate incorrectly, and family provision claims involve strict deadlines and notional estate rules that are easy to get wrong. For a simple, small estate with a clear will and no disputes, you may manage the probate application yourself, but it is worth a single fixed-fee consultation to confirm that before you act.
The Law in New South Wales
Wills and estates in New South Wales are governed primarily by the Succession Act 2006 (NSW). Chapter 2 of that Act sets out how to make a valid will: the will-maker must be at least 18 and have testamentary capacity, and the document must be in writing, signed by the will-maker, and witnessed by two people present at the same time. A document that does not meet these formalities can sometimes still be admitted as an informal will if the Court is satisfied it records the deceased's testamentary intentions, but that requires a Court application and is far from guaranteed.
When a person dies leaving a valid will, the executor named in it applies to the Supreme Court of NSW Probate Registry for a grant of probate. Where there is no will, or no willing or able executor, an eligible person applies for letters of administration instead. These grants are governed by the Probate and Administration Act 1898 (NSW) and give the executor or administrator legal authority to collect the deceased's assets, pay debts and taxes, and distribute what remains. Most uncontested grant applications are now filed online. The powers, duties and protections of executors and trustees once they are administering the estate sit in the Trustee Act 1925 (NSW), including the power to advertise for creditors before distributing.
If a person dies without a valid will, they die intestate, and Chapter 4 of the Succession Act 2006 dictates who inherits and in what shares. A surviving spouse or de facto partner generally takes the whole estate where all the children are also children of that partner. Where there are children from another relationship, the spouse receives the deceased's personal effects, a CPI-indexed statutory legacy under section 106 (around $611,000 as at late April 2026, indexed up from a base of $350,000) and half of what remains, with the balance shared among the children.
The Succession Act also creates the family provision regime in Chapter 3. An eligible person — a spouse, de facto partner, child, former spouse, or in some cases a dependent grandchild or member of the household — who has been left out of a will or inadequately provided for can ask the Supreme Court for a larger share. The claim must be filed within 12 months of death. Critically, NSW is one of the few states with notional estate orders, which let the Court claw back assets that left the estate (such as jointly owned property, superannuation or gifts) where a relevant transaction occurred within up to three years of death, in order to satisfy a successful claim. Lifetime capacity disputes that overlap with estate planning — for example over an enduring power of attorney or an appointment of enduring guardian — are dealt with separately by the NSW Civil and Administrative Tribunal (NCAT) Guardianship Division, not the Supreme Court.
Key Legislation & Courts
KEY NEW SOUTH WALES WILLS AND ESTATES LEGISLATION AND COURTS
LEGISLATION
- Succession Act 2006 (NSW) — wills and validity (Ch 2), family provision and notional estate (Ch 3), intestacy and the s 106 statutory legacy (Ch 4)
- Probate and Administration Act 1898 (NSW) — grants of probate and letters of administration, estate administration
- Trustee Act 1925 (NSW) — executor and trustee powers, duties, indemnities and creditor advertising
- NSW Trustee and Guardian Act 2009 (NSW) — the NSW Trustee and Guardian's role in wills and estates
- Legal Profession Uniform Law Application Regulation 2015 (NSW), Schedule 3 — regulated scale of solicitor costs for a grant
COURTS AND BODIES
- Supreme Court of NSW – Probate Registry / Equity Division — sole jurisdiction over deceased estates: grants, will disputes, family provision and notional estate orders
- NSW Civil and Administrative Tribunal (NCAT) – Guardianship Division — lifetime capacity, financial management, enduring power of attorney and guardian disputes
- Local Court of NSW — limited role; small estate-related money or debt disputes only (does not grant probate)
- NSW Trustee and Guardian — can prepare wills, act as executor or administrator, and manage estates
- LawAccess NSW / Legal Aid NSW — free general information and limited assistance
What Happens Next — Step by Step
1
Work out your role and your deadline first: are you an executor, a beneficiary, or someone who may have been left out? If you might make a family provision or will challenge, note the 12-month-from-death limit immediately.
2
Locate and read the will (or confirm there is none), and gather the key documents — death certificate, asset and debt details, and the deceased's financial records.
3
If you are the executor, prepare the application for a grant of probate (or letters of administration if there is no will) for the Supreme Court of NSW Probate Registry, which is usually filed online, and check the filing fee for the estate's gross value.
4
Get free general information from Legal Aid NSW or LawAccess NSW to understand the process and whether a dispute is likely.
5
If the estate is large or complex, the will is unclear or being challenged, or a deadline is approaching, book a fixed-fee consultation with an admitted Australian lawyer before you take any irreversible step.
Mistakes to Avoid
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Missing the 12-month family provision deadline — the time runs from the date of death, not from when you found out you were left out, and extensions are hard to get.
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Distributing the estate too early — an executor who pays out beneficiaries before debts, creditors and any provision claims are resolved can be held personally liable for the shortfall.
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Assuming a home-made or unsigned will is automatically valid — informal wills require a separate Supreme Court application and are not guaranteed to be accepted.
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Believing a spouse always inherits everything on intestacy — where there are children from another relationship, the children share in the estate after the spouse's statutory legacy, which surprises many blended families.
Likely Outcomes
For a straightforward estate with a valid will and a complete application, the Supreme Court typically issues a grant of probate within a few weeks to a few months. Letters of administration for an intestacy follow a similar timeframe once the right applicant and supporting evidence are in order. Court filing fees are scaled to the gross NSW estate value (from 1 July 2025): nil under $100,000; $921 for $100,000–$249,999; $1,250 for $250,000–$499,999; $1,918 for $500,000–$999,999; $2,555 for $1m–$1.99m; $4,258 for $2m–$4.99m; and $7,099 for estates of $5m and above. Regulated solicitor costs under Schedule 3 are added on top, so total administration costs commonly run from a few thousand dollars for a small estate to tens of thousands for a large or complex one. For a family provision claim, a successful eligible person may be awarded a lump sum or a larger share out of the estate, and where there are not enough estate assets the Court can make a notional estate order to bring back property that left the estate within up to three years of death. Many family provision claims settle at mediation rather than running to a final hearing.
Grant of probate
Valid will: the Supreme Court of NSW issues probate, usually within a few weeks to a few months of a complete application, giving the executor authority to deal with assets.
Letters of administration
No valid will: an eligible person is appointed administrator and the estate is distributed under the Chapter 4 intestacy rules of the Succession Act 2006.
Family provision award
An eligible person left out or under-provided for may receive a lump sum or larger share; must be filed within 12 months of death, and notional estate can be clawed back.
Estate costs
Court filing fee scaled by estate value (nil under $100k up to $7,099 for $5m+), plus Schedule 3 regulated solicitor costs — commonly a few thousand to tens of thousands.
Legal Aid in New South Wales
Legal Aid NSW provides free general information about wills and estates, probate, intestacy and family provision through its Wills and Estates pages at https://www.legalaid.nsw.gov.au/my-problem-is-about/someone-who-died/wills-and-estates, and LawAccess NSW offers a free phone information service. Be honest about the limits: Legal Aid does not generally fund the making of wills or fund either side of an inheritance dispute, because these are usually treated as private property matters rather than the kinds of cases Legal Aid prioritises. The NSW Trustee and Guardian can prepare a will and act as executor or administrator, with fees set against the estate. For most estate planning, contested wills and family provision claims, you will be dealing with a private solicitor — which is why a low-cost, fixed-fee consultation to understand your position before committing is often the most cost-effective first step.
How Legal Hotline Can Help
This is a free, 24/7 AI-assisted legal information service run by Platfirm AI. We are not a law firm and we do not give legal advice. What we can do is explain, in plain English, how wills, probate, intestacy and family provision work in New South Wales, help you understand which deadlines and Acts apply to your situation, and point you to the right court registry or free service. The crucial distinction is this: legal information tells you how the system generally works; legal advice tells you what you specifically should do, and only an admitted lawyer who knows your full circumstances can give that. When your matter needs advice — drafting or contesting a will, applying for probate on a complex estate, or running a family provision claim against the clock — we can help you book a fixed-fee consultation with an admitted Australian lawyer so you know the cost up front.
Frequently Asked Questions — Wills & Estates in New South Wales
Do I always need probate in NSW?
Not always. Small estates, or assets held jointly that pass automatically to the survivor, may not need a grant. But banks, share registries and the Land Registry will usually require probate before releasing significant assets or transferring property. The Supreme Court of NSW Probate Registry handles these applications, most of which are filed online.
How long do I have to contest a will or make a family provision claim?
You must commence a family provision claim in the Supreme Court of NSW within 12 months of the date of death. The Court can extend this only in limited circumstances and with a good reason for the delay, so you should act well before the deadline.
Who can make a family provision claim in NSW?
Under the Succession Act 2006, an eligible person can apply — that includes a spouse, a de facto partner, a child, a former spouse, and in some cases a dependent grandchild or a person who was a member of the deceased's household and partly dependent on them. Being eligible is the first step; the Court then decides whether adequate provision was made.
What is a notional estate order?
NSW is unusual in allowing the Supreme Court to claw back assets that left the estate — such as jointly owned property, superannuation or gifts — where a relevant transaction occurred within up to three years of death. This stops people from defeating a family provision claim by giving assets away or holding them jointly, and means the assets available for a claim can be larger than the formal estate.
What happens if there is no will?
The estate is distributed under the intestacy rules in Chapter 4 of the Succession Act 2006. A surviving spouse or de facto generally takes the whole estate where all children are also theirs. Where there are children from another relationship, the spouse takes the personal effects, a statutory legacy (around $611,000 as at late April 2026, indexed to CPI) and half the remainder, with the balance to the children.
How much does it cost to get probate in NSW?
There is a Supreme Court filing fee scaled to the gross value of the NSW estate, from nil for estates under $100,000 up to $7,099 for estates of $5m or more (rates from 1 July 2025). On top of that, if you use a solicitor, the regulated Schedule 3 scale applies for the grant work. Many people manage a simple application themselves and pay only the court fee.
What makes a will valid in New South Wales?
Under the Succession Act 2006, the will-maker must be at least 18 and have testamentary capacity, and the will must be in writing, signed by the will-maker, and witnessed by two witnesses present at the same time. A document that fails these requirements may still be admitted as an informal will, but only if the Supreme Court is satisfied it records the deceased's intentions — which requires a separate application.
Can I write my own will in NSW?
Yes, but home-made and online wills are a common source of disputes — ambiguous wording, missing witnesses, or assets not properly dealt with can lead to costly Supreme Court applications or even partial intestacy. For anything beyond a very simple situation, having a will prepared or reviewed by an admitted lawyer or by NSW Trustee and Guardian reduces the risk significantly.
What does an executor actually have to do?
An executor collects the deceased's assets, pays debts, funeral expenses and taxes, can advertise for creditors under the Trustee Act 1925, and then distributes the estate according to the will. Executors should not distribute too early, because they can be personally liable if a creditor or a family provision claim emerges afterwards. If the role feels overwhelming, you can engage a solicitor or NSW Trustee and Guardian to act.
Is the information from this hotline legal advice?
No. We provide free general legal information about how wills and estates work in NSW and help you understand your options and deadlines. We are not a law firm. Legal advice about your specific situation can only come from an admitted Australian lawyer who knows your full circumstances — and we can help you book a fixed-fee consultation with one when you need that.
For general information about Wills & Estates in Australia, visit our Wills & Estates Legal Hotline Australia page.