Our client’s father died in New South Wales in 2025.
Two months before his death, he had signed a new will.
Our client had real concerns about her father’s last days, and about how little she was being told about his estate. ezylegal lodged a caveat in the NSW Supreme Court to stop the new will being approved until those concerns were answered. The matter settled, and our client received her father’s treasured motorbike, a keepsake that meant far more to her than money.
At a glance
- Problem: A father made a new will shortly before he died. His daughter had concerns about the circumstances, and wasn’t being given full information about the estate.
- Claim against: The executor seeking a grant of probate for the new will.
- Legal basis: A probate caveat in the Supreme Court of NSW, requiring the new will to be properly proved before probate could be granted.
- Result: A negotiated settlement, made into consent orders, under which our client received her father’s motorbike on top of her gift under the will.
A late will and unanswered questions
Our client acted for herself and for her children, who were also beneficiaries. ezylegal asked the executor’s lawyers for a full statement of the estate’s assets and liabilities.
What came back left gaps. The value of her father’s superannuation fund, likely the largest asset, wasn’t disclosed, even though values were given for other assets.
Our client believed her father may have made another will in late 2024. She had genuine concerns about the circumstances in which the new will was made.
Using a caveat to slow things down
When someone dies in NSW, the executor applies to the Supreme Court for probate, the court’s approval of the will. A caveat is a formal notice that stops probate being granted without the person who lodged it first being heard.
ezylegal lodged a caveat. When the executor applied to the court, our client filed a detailed affidavit, and both sides filed written submissions. That put the onus on the executor to deal with our client’s concerns before the new will could be approved.
The outcome
Once both sides had filed their submissions, ezylegal made a settlement offer. Our client would accept the new will and withdraw the caveat. In return, she would receive her father’s motorbike, on top of her gift under the will, and the costs of the estate would be shared more fairly.
The offer was accepted and made into consent orders. Our client withdrew the caveat, the estate was distributed, and she received the keepsake she wanted most.
Her motivation was never mainly about money. It was about her father, and getting answers.
Can I stop a will being approved if I have concerns about it?
In NSW, you can lodge a caveat with the Supreme Court. That stops probate being granted until your concerns have been heard.
A caveat is a powerful step, and it needs a genuine basis. Common grounds include doubts about whether the person had testamentary capacity, whether they were pressured, or whether a later or earlier will exists. Many caveat disputes settle once the executor engages properly, often with outcomes that matter to families, like personal items and keepsakes, as well as money.
If you’re facing something similar
If you have concerns about a loved one’s will:
- ask the executor, in writing, for a copy of the will and a full statement of the estate’s assets and liabilities
- note anything about your loved one’s health or circumstances when the will was made
- tell the executor early about any personal items that matter to you
- don’t wait, because probate can be granted quickly
Strict time limits apply to estate claims, so get advice early. Read more about wills and estate disputes.
ezylegal operates on a no-win, no-fee* basis across consumer, commercial and insurance disputes, so you’re not weighing the cost of a lawyer against the cost of walking away.