Can a Friend Challenge a Will? (Corbould v Gay Explained)

KEY TAKE OUTS

• Last-minute Wills are high-risk and often challenged, particularly where there are concerns about capacity or proper execution.
• A valid Will is not always final — eligible persons can bring a family provision claim in NSW.
• Close personal relationships, even without family ties, may be recognised by the Court.
• Proper estate planning and legal advice can reduce the risk of costly disputes and unintended outcomes.

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Can a friend contest a Will in NSW?
Yes, but only in specific circumstances. A person who was in a “close personal relationship” with the deceased may be eligible to bring a family provision claim if they were not adequately provided for. This is defined under the Succession Act 2006 (NSW) and requires more than ordinary friendship.

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Explaining Corbould v Gay [2026]

A recent Supreme Court of New South Wales decision, Corbould v Gay [2026] NSWSC 385, highlights an increasingly common issue in estate disputes. What happens when a close personal relationship doesn’t fit the traditional definition of “family”? This case is a powerful reminder that estate disputes are not just about legal documents; they are often about relationships, expectations, and fairness.

 

The deceased passed away in 2021, aged 68. He had no spouse, children or parents, and his main asset was a house worth around $1.15 million. He had made a valid Will in 2010, leaving his estate to his cousins. However, just two days before his death, a new document appeared. This “last-minute Will” left everything to a man he had lived with for many years, someone he met in a rehabilitation program and later shared a home with.

 

This man was not related to the deceased, but claimed they had a close, almost family-like bond.

 

The Legal Debate

The case involved two key questions:

• Whether the last-minute Will was valid, and if not,
• Whether the friend should still receive something from the estate.

The Court ultimately rejected the document made two days before death. It was not properly witnessed, there were doubts about whether the deceased signed it, and concerns about capacity due to serious illness. The circumstances raised suspicion, particularly the timing and absence of legal involvement. As a result, the earlier 2010 Will, benefiting the cousins, was upheld. Even though the friend lost the argument about the Will, he still succeeded in a family provision claim.

 

The Power of a Strong Family Provision Claim

Under NSW law, certain people can challenge a Will if they have not been properly provided for. This includes people in a close personal relationship with the deceased.

 

The Court found that this relationship went beyond ordinary friendship. The parties had lived together for many years, shared daily life, and provided each other with companionship and support. The friend had assisted with household tasks and was a consistent presence during the deceased’s illness. This was enough to establish a close personal relationship, even though it was not romantic or biological.

 

The Court decided that the friend had been left without adequate provision and should receive something from the estate.

 

What Does This Mean?

This case reflects a broader shift in how courts view relationships in estate matters. Last-minute Wills are risky, and non-traditional relationships are increasingly recognised. Even a valid Will may not be the final word, as family provision claims can alter the outcome. Estate disputes can also be costly, reducing what is ultimately available for beneficiaries. At its core, this case shows the importance of proper estate planning.

 

Clear instructions and legal advice can help ensure your wishes are upheld and reduce the risk of disputes. If you’re unsure whether your estate plan reflects your wishes, or whether you may have grounds to challenge a Will, obtaining clear legal advice early can help you understand your options and protect your position.

 

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FAQs

📌 Are last-minute Wills valid in NSW?
They can be valid, but they are often challenged. For a Will to be valid, it must meet formal requirements (such as proper signing and witnessing) and the person must have testamentary capacity. Last-minute Wills are more likely to be scrutinised for issues like capacity, undue influence, or suspicious circumstances.

📌 What is a family provision claim?
A family provision claim is a legal application made by an eligible person seeking a share, or a larger share, of a deceased person’s estate on the basis that they were not adequately provided for under the Will.

📌 What is considered a close personal relationship?
Under NSW law, a close personal relationship is one where two adults live together and provide each other with domestic support and personal care. It does not have to be romantic or familial, but it must go beyond a mere friendship or flatmate arrangement.

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