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Legal Hotline› Australia› Contesting a Will

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Contesting a Will

Been left out of a will, or treated unfairly in one — or do you believe the will itself isn't valid? You may be able to do something about it, but the time limits are strict and they're different in every state and territory. Once the estate is paid out it can be too late. Call the free hotline now to find out where you stand and get a lawyer on it fast.

Call now — 1800 951 176

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Time limits are strict and they vary by state — for example, a family provision claim is generally within 12 months of death in New South Wales, but within 6 months of the grant of probate in Victoria, and Queensland has a 6-month notice and 9-month claim window from death. Once the estate has been distributed to the beneficiaries, it is often too late to claim. The safest move is to get advice today.

Contesting a Will at a glance

Two ways to contest
Ask for a larger share because you weren't properly provided for (a "family provision claim"), or challenge whether the will is even valid
Who can usually claim
Spouses, de facto partners, children and people who depended on the deceased — but the exact categories differ by state
Time limits
Strict and different in every state — measured from either the date of death or the date probate is granted
What a court weighs
Your relationship and financial need, the size of the estate, and the competing claims of other beneficiaries
When to act
Usually before or around the time probate is granted and the estate is paid out — waiting can cost you the right to claim
How urgent
Very — once assets are distributed, recovering them is far harder, so the clock matters from day one
Where claims go
The Supreme Court of the state or territory where the deceased lived or held assets

The two ways to contest a will

"Contesting a will" actually covers two very different things, and getting the right one matters from the outset.

The first is a **family provision claim**. Here you accept that the will is valid, but you ask the court for a larger share (or any share) because the deceased didn't make adequate provision for your proper maintenance and support. This is the path for someone who was left out, or left far less than they reasonably needed — typically a spouse, partner, child or someone who depended on the deceased.

The second is **challenging the validity of the will itself**. Here you argue the will shouldn't stand at all — for example because the person lacked the mental capacity to make it, was pressured or coerced into it, the will was forged or the result of fraud, or it wasn't signed and witnessed the way the law requires. If that challenge succeeds, an earlier valid will applies instead, or the estate is shared as if there were no will.

Which path fits depends entirely on your facts, and sometimes both are open to you. A quick, free call is the fastest way to work out which one is yours. Talk it through with a lawyer now →

Family provision claims — when you weren't properly provided for

A family provision claim is the most common way a will is contested. The idea behind it is that certain close family members and dependants shouldn't be left without adequate provision, even where the will-maker chose to cut them out.

You can't simply claim because you feel hard done by. You have to be an **eligible person** — and that's where the states differ. Broadly, the categories include the deceased's spouse or de facto partner, their children, and people who were wholly or partly dependent on them. Some states extend this to former spouses, grandchildren, stepchildren or people in a close personal relationship with the deceased; others are narrower. Whether you qualify is a state-by-state question worth checking before you do anything else.

If you are eligible, the court then asks whether adequate provision was made for your proper maintenance, education or advancement in life — and if not, what provision should be made now. It weighs your relationship with the deceased, your financial needs and resources, the size and nature of the estate, your age and health, any contributions you made, and the competing needs of the other beneficiaries. Talk it through with a lawyer now →

Challenging whether the will is valid

Sometimes the problem isn't how the estate was divided — it's the will itself. A will can be challenged as invalid on several grounds:

• **Lack of testamentary capacity** — the person didn't understand what they were doing, the extent of what they owned, or who might expect to be provided for, often because of dementia, illness or medication at the time.
• **Undue influence or coercion** — the will doesn't reflect the person's own free wishes because they were pressured, manipulated or threatened into it.
• **Fraud or forgery** — the signature was forged, or the person was deceived about what they were signing.
• **Improper execution** — the will wasn't signed and witnessed in the strict way the law requires.

These challenges turn heavily on evidence — medical records, the solicitor's file, the circumstances around how the will was made, and witness accounts. They are usually raised before probate is granted, or by asking the court to revisit a grant. If a will is set aside, the deceased's previous valid will takes effect, or the estate passes under the intestacy rules as if no will existed. Talk it through with a lawyer now →

Time limits — strict, and different in every state

This is the part that catches people out, so read it carefully. There is no single national deadline. Each state and territory sets its own time limit for a family provision claim, and some run from the **date of death** while others run from the **date probate is granted**:

• **New South Wales** — generally within 12 months of the date of death.
• **Victoria** — generally within 6 months of the grant of probate.
• **Queensland** — written notice of your intention generally within 6 months of death, and the claim itself generally within 9 months of death.
• **South Australia, Western Australia and the ACT** — generally within 6 months of the grant of probate.
• **Tasmania** — generally within 3 months of the grant of probate.
• **Northern Territory** — generally within 12 months of the grant of probate.

Courts can sometimes extend these times, but extensions are not guaranteed and become much harder to get once the estate has been distributed. These figures are a guide only — the precise rule for your situation depends on the state and the facts, so don't rely on a date from this page. Call and we'll help you pin down exactly how long you really have. Talk it through with a lawyer now →

Why acting before the estate is paid out matters

The single biggest practical reason to move quickly is distribution. Once the executor has paid the estate out to the beneficiaries, the money and property are gone — and clawing them back is far harder, sometimes impossible.

In several states executors are encouraged or required to hold off distributing for a set period after probate precisely so that claims can be made first. But you can't count on an executor waiting, and you certainly can't count on getting an extension after the fact. The earlier you raise a claim, the more leverage you have and the more options stay open. If you even suspect you might have a claim, the time to find out is now, not after the cheques have cleared. Talk it through with a lawyer now →

What a court actually weighs

Contesting a will isn't about who deserves the most or who was the favourite. In a family provision claim, the court works through a fairly practical list:

• your relationship with the deceased, and how close or estranged it was;
• your financial position — your income, assets, debts and future needs, including your age and health;
• the size and nature of the estate, and how easily it can meet a claim;
• any contributions you made to the deceased's wealth or wellbeing;
• the deceased's reasons for the will they made, where those are known; and
• the needs and claims of the other beneficiaries, who also have to be considered.

Most claims never reach a full hearing — they settle at mediation once both sides understand the strengths and weaknesses. Knowing what your claim is realistically worth before you walk into that room is a genuine advantage. Talk it through with a lawyer now →

How Legal Hotline helps — right now

Losing someone is hard enough without the worry that you've been treated unfairly or that a will doesn't reflect what really happened. Legal Hotline is a free service you can call any time, day or night. In a single call we'll help you work out whether you're likely an eligible person, whether you should be claiming larger provision or challenging the will's validity, and — crucially — how long your state gives you to act.

If you need a lawyer, we'll connect you with an experienced wills and estates lawyer who can act for you — anywhere in Australia, usually within the hour. There's no cost to call and no obligation. If something about a will doesn't sit right, the smartest first step is simply to pick up the phone before the estate is paid out. Talk it through with a lawyer now →

How a claim works, step by step

1
Find out if you can claim — and how long you haveA quick call tells you whether you're an eligible person, whether your situation is a family provision claim or a validity challenge, and the strict time limit that applies in your state. This first step is the one that protects your rights.
2
Gather the pictureYour lawyer works out what's in the estate, who the beneficiaries are, where probate is up to, and the evidence that supports your claim — from your financial position to medical or solicitor's records where validity is in question.
3
Put the claim forwardNotice of the claim is given to the executor and, where required, an application is filed in the Supreme Court within the time limit — ideally before the estate is distributed.
4
Mediation or settlementMost contested-will matters resolve at a mediation, where both sides negotiate an outcome without a full trial. The great majority settle at this stage.
5
Court hearing if neededIf it doesn't settle, a judge decides the matter and can order a larger share from the estate, or set aside an invalid will.

Contesting a Will — your questions answered

How long do I have to contest a will?

It depends entirely on which state or territory applies and what you're claiming. For a family provision claim, the limit is generally 12 months from death in NSW, 6 months from the grant of probate in Victoria, and a 6-month notice plus 9-month claim window from death in Queensland — and different again in the other states. The limits are strict, so call as soon as you can to find out exactly how long you really have.

What's the difference between a family provision claim and challenging a will?

A family provision claim accepts the will is valid but asks the court for a larger share because you weren't adequately provided for. Challenging validity argues the will shouldn't stand at all — for example because the person lacked capacity, was pressured into it, or it was forged or wrongly signed. They have different tests, evidence and deadlines, so working out which one fits is one of the first things we'll help with.

Who is eligible to make a family provision claim?

Generally a spouse or de facto partner, a child, and someone who was dependent on the deceased — but the exact categories differ by state, and some include former spouses, grandchildren, stepchildren or people in a close personal relationship. A lot of people wrongly assume they don't qualify, so it's worth a quick check before ruling yourself out.

Can I challenge a will because the person wasn't of sound mind?

Possibly. If the will-maker didn't understand what they were doing, what they owned, or who might expect to be provided for — often due to dementia, illness or medication — the will may be challenged for lack of testamentary capacity. These claims turn on evidence like medical records and the solicitor's file, so get advice early.

What if the estate has already been paid out?

It becomes much harder, and sometimes too late, once the executor has distributed the estate to the beneficiaries. That's exactly why acting quickly matters — before distribution you have far more leverage and more options. If you think the estate may be paid out soon, call straight away.

Do I have to go to court to contest a will?

Usually not. Most contested-will matters settle at mediation once both sides understand the case, without a full trial. Having someone who knows what your claim is realistically worth makes a real difference at that table. Calling the hotline costs nothing and is the fastest way to get that help.

Is calling Legal Hotline really free?

Yes. The information line is free and open 24 hours a day, 7 days a week. Call any time to understand where you stand — no cost, no obligation.

Not sure where you stand? Find out in minutes.

Call the free hotline any time. We'll help you understand your options and, if you need one, connect you with a lawyer — anywhere in Australia, usually within the hour.

Call now — 1800 951 176

Free legal information. Not legal advice.

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Last updated 6 June 2026
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