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Contesting a Will

When you or a loved one is left out.

Will disputes are more common than most families expect. They are painful, expensive, and slow. Here is what the law says, and what it feels like.

Who can contest a will in Australia?

Each state has its own rules, but generally the following people can make a "family provision" claim: spouse or de facto partner, children (including adult children and stepchildren in some states), former spouses, dependants, and in some states grandchildren or members of the household.

Time limits are strict and vary by state. In Tasmania it is only 3 months from probate. In NSW it is 12 months from the date of death. In Queensland, notice must be given within 6 months of death and proceedings filed within 9 months. Other states are typically 6–12 months from probate. If you think you may need to contest, see a solicitor immediately — missing the deadline can mean losing the right to claim entirely.

Grounds for contesting

  • Inadequate provision — the most common ground. The will doesn't adequately provide for someone the deceased had a responsibility to support
  • Lack of capacity — the person didn't have the mental capacity to make the will
  • Undue influence — someone pressured or manipulated the will-maker
  • Fraud or forgery — the will was tampered with
  • Invalid execution — the will wasn't properly witnessed or signed

The emotional reality

Will disputes happen inside families that are already grieving. They can destroy relationships that survived the death itself. Before contesting, it can help to ask yourself what outcome you really need. Sometimes a conversation with a mediator — before the lawyers — can resolve what the will could not.

Costs and process

Contesting a will is expensive, and how expensive depends entirely on whether it settles. Many cases settle in mediation without going to court. Legal aid is generally not available for will disputes, but many solicitors offer a free first consultation. Some work on a "no win, no fee" basis for family provision claims. Ask for an estimate in writing before you start.

The process: lodge a caveat to prevent distribution of the estate, file the claim within the time limit, attend mediation, and if unresolved, proceed to court. Most cases take 6–18 months.

Executors should not distribute the estate for at least 6 months after probate to allow time for any claims. An executor who distributes early and a claim is later upheld may be personally liable.

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General information only — not a substitute for legal, medical, financial, or therapeutic advice. Read the full disclaimer.

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