Recent data shows a dramatic rise in will disputes and people dying without a valid will in NSW, a trend that is putting families through unnecessary stress, legal battles, and financial loss.
In September 2025, ABC News reported that the NSW Supreme Court has seen a sharp increase in people dying intestate (without a valid will), which often results in costly and emotionally draining disputes among family members.
What’s happening in NSW?
In 2024, the NSW Supreme Court recorded:
- 465 probate matters; and
- 996 family provision claims.
This means nearly 1,000 families were forced to challenge a will because they felt the distribution was unfair or there was no will at all.
These aren't just numbers. These are families going through conflict at a time when they’re already grieving.
Why are will disputes increasing?
Several modern trends are driving this rise:
1. More blended and non-traditional families
Second marriages, step-children, de facto partners and co-parenting arrangements mean more people with competing expectations.
2. Higher property values
A family home that was once worth $400k may now be over $1.5 million, increasing the stakes and the likelihood of disputes.
3. More people understand their right to challenge a will
Greater public awareness has led more family members to contest distributions they believe are unfair.
4. Outdated or non-existent wills
Many people either never write a will or fail to update it after major life changes — new relationships, separations, children, or asset changes.
When a will is unclear, outdated, or missing altogether, disputes become almost unavoidable.
What this means for you (and your family)
A poorly drafted or outdated will doesn’t just create legal issues, it can fracture relationships that are difficult or impossible to repair.
Ensuring your wishes are clear and legally enforceable is the best way to protect your loved ones from:
- conflict and resentment
- lengthy court battles
- financial uncertainty
- emotional strain during grief
How VRT Lawyers can protect your legacy
At VRT Lawyers, we specialise in helping individuals create wills and estate plans that truly reflect their wishes and hold up when they’re needed most.
We can assist you with:
- drafting a new, legally sound will
- reviewing an existing will to ensure it still reflects your intentions
- updating your estate plan after major life changes
- resolving or preventing contested estate claims
A will should never be a “set-and-forget” document. Reviewing it regularly is one of the simplest ways to prevent future disputes.
If you haven’t updated your will recently… now is the time.
Whether you’ve had a change in relationship status, acquired new assets, or simply haven’t reviewed your will in years, taking action now can spare your family future hardship.
Contact our Wills & Estates team to ensure your wishes are clear, enforceable, and protected.
