Understanding how to contest a will in Australia
To “contest a will” in Australia commonly means applying for a Family Provision order because the will (or intestacy) fails to make adequate provision for your proper maintenance and support. You can also challenge the validity of a will if there are concerns such as lack of testamentary capacity, undue influence, fraud or improper execution.
Courts weigh many factors: your relationship with the deceased, financial need, any contributions or promises, competing claims of other beneficiaries, and the size of the estate. Most matters settle at mediation once information is exchanged and valuations are obtained.
Important: Deadlines are short and differ by state. Early advice preserves options and can reduce costs.
Eligibility and time limits
Who can apply?
- Spouse or de facto partner
- Child (including adult children; stepchild eligibility varies)
- Former spouse in some states
- Grandchild or member of the household who was dependent
- Carer or person in a close personal relationship (state‑specific)
Each state defines eligibility differently. If unsure, ask for a quick check using the form below.
Time limits by state/territory
- NSW: 12 months from date of death
- VIC: 6 months from grant of probate/administration
- QLD: Notify the executor within 6 months of death and file within 9 months
- WA: 6 months from grant of probate/administration
- SA: 6 months from grant of probate/administration
- TAS: 3 months from grant of probate/administration
- ACT: 6 months from grant of probate/administration
- NT: generally 12 months from grant of probate/administration
Courts rarely extend time. Act early—especially if estate assets might be distributed soon.
Grounds to contest a will and evidence that helps
Common grounds
- Family Provision: inadequate provision for your proper maintenance and support
- Lack of testamentary capacity: the will‑maker did not understand the nature/effect of the will
- Undue influence or pressure: free will was overborne
- Improper execution: witnessing formalities not met (state rules differ)
- Fraud/forgery or suspicious circumstances
- Proprietary estoppel/promises: reliance on a clear promise causing detriment
Evidence that usually matters
- Relationship history and support provided (financial, care, domestic)
- Financial need: income, expenses, assets, debts and dependants
- Contributions to the deceased’s assets or welfare
- Size and liquidity of the estate and competing claims
- Medical records and capacity evidence (for validity challenges)
- Communications, notes or promises made by the deceased
Documents to collect early
Having key records ready makes the first advice step faster and cheaper.
- Last will, any earlier wills or codicils (if available)
- Death certificate or funeral notice details
- Grant of probate or letters of administration (if issued)
- Executor correspondence and any estate asset/liability summaries
- Your financial documents (bank statements, rent/mortgage, debts)
- Medical records relevant to capacity or influence concerns
- Any written promises, emails or messages about inheritance
Costs, funding options and risks
Typical funding options
- Free or fixed‑fee initial advice and case review
- No‑win no‑fee for eligible Family Provision matters
- Deferred fees or payment from settlement (by agreement)
- Costs budgeting with regular scope updates
Ask for a written costs disclosure and strategy plan before significant work begins.
Who pays the costs?
If a claim succeeds, the court may order that your reasonable costs be paid from the estate. If you are unsuccessful, there is a risk of paying a portion of another party’s costs. Early settlement offers and mediation can reduce risk.
- Most cases settle at or before mediation
- Clear evidence and realistic offers improve outcomes
- Adverse costs risk should be discussed from day one
How will disputes usually proceed
| Stage | What usually happens |
|---|---|
| Eligibility & deadline check | Confirm you can apply and note the correct time limit for your state or territory. |
| Information & valuation | Collect the will, estate details, relationship and financial information; obtain property/asset values if needed. |
| Pre‑action steps | Send notice to the executor, exchange information, consider offers or an early mediation. |
| Filing in the Supreme Court | Start proceedings before the deadline, file affidavits and supporting material. |
| Mediation | Most matters resolve here once the parties understand evidence, risks and costs. |
| Hearing (if required) | If not settled, the court determines eligibility, need and what further provision (if any) should be made. |
Quick state and territory notes
NSW, VIC, QLD
- NSW: 12 months from death; broad eligible classes; strong mediation culture.
- VIC: 6 months from grant; eligibility turns on relationship categories and dependency factors.
- QLD: Strict 6/9 month notify/file steps from date of death; act early to protect rights.
WA, SA, TAS, ACT, NT
- WA/SA/ACT: 6 months from grant; check local court practice notes for mediation.
- TAS: 3 months from grant—shortest window; seek urgent advice.
- NT: Generally 12 months from grant; confirm local rules for extensions.
Contesting a will in Australia — FAQ
When should someone get will dispute advice?
Immediately if a death has occurred and you believe you were left without adequate provision or have validity concerns. Early steps can preserve your rights and reduce costs.
What increases the chance of settlement?
Clear evidence of need or contribution, realistic offers, early asset valuations and a focused affidavit often lead to resolution at mediation.
Can I contest if I received something but think it’s not enough?
Yes. Family Provision claims often involve beneficiaries who received some provision but argue it is not adequate in the circumstances.
What if the estate is small or has few liquid assets?
Funding and proportionality are important. Settlement may target available liquid assets or staged payments. Some cases are not economical; early scoping helps decide.
Will contesting delay the estate distribution?
Yes, active claims typically pause final distribution until resolved or ordered by the court, which protects your claim if brought in time.
Need help to contest a will?
Use the form below for a free, confidential case review. We’ll clarify eligibility, deadlines and next steps, and can connect you with a suitable Australian will‑dispute lawyer.