Challenging a will in New South Wales can be done on a number of grounds, including that the will-maker lacked testamentary capacity to prepare the will, or the will did not represent the will-maker’s intentions for a variety of reasons, including fraud, forgery or undue influence. Alternatively, you may be challenging a will in New South Wales on the basis that you have been left with inadequate provision from an estate, and may therefore bring proceedings to seek a family provision order under the Succession Act 2006 (NSW ). If a will is set aside and another will does not exist or is not ordered by the court to be prepared, then the will-maker is treated as ‘intestate‘ and their assets will be distributed in accordance with a statutory formula in the Succession Act 2006. See our article on preparing a will in NSW for more information. Get More Information on Challenging a Will in NSW