Contesting
a Will
Family provision claims and Will validity challenges — acting for claimants and estates. Strict time limits apply — seek advice early.
Contesting a Will
In Victoria, eligible persons can make a family provision claim if they were inadequately provided for in a Will. Under the Administration and Probate Act 1958 (Vic), the court can order that additional provision be made from the estate for a claimant — regardless of what the Will says — if it is satisfied that the distribution was inadequate given the circumstances. Strict time limits apply: a claim must generally be made within 6 months of the grant of probate. Early advice is essential whether you are making or defending a claim.
Eligible claimants include spouses, domestic partners, children (including adult children), former spouses, registered caring partners, and in some cases grandchildren or stepchildren who were financially dependent on the deceased. The court considers a range of factors: the claimant's financial circumstances and needs, the size of the estate, the nature of the relationship with the deceased, and the reasons (if any) given for the distribution in the Will.
We also advise on challenging the validity of a Will itself — a distinct legal process from a family provision claim. A Will may be challenged on the grounds that the testator lacked testamentary capacity, was subject to undue influence or fraud, or that the Will was not properly executed. We act for both claimants and for executors and beneficiaries defending claims. Most estate disputes settle without a final hearing — our goal is to resolve the matter as efficiently as possible.
Based at 4 Watton Street, Werribee, we assist clients across Hoppers Crossing, Point Cook, Tarneit, Wyndham Vale, Truganina, Manor Lakes, and the wider Wyndham region.
Free initial consultation. We offer a free 30-minute initial consultation for contested estate matters. Time limits are strict — call (03) 9741 3777 or book online to discuss your position early.
The 6-month time limit for a family provision claim runs from the grant of probate. Understanding where the estate is in the probate process is critical. We handle both probate and estate disputes, often in parallel.
Probate and estate administration →Where there is no Will, the rules of intestacy apply — and family members who believe those rules produce an unfair result may have limited avenues. We advise on your options where a loved one has died without a Will.
Letters of administration — full details →A carefully drafted Will — with clear reasons for the distribution chosen — reduces the risk of a successful family provision claim. We advise on how to structure your Will to minimise exposure to challenge.
Wills — full details →Honest advice
on difficult disputes.
Estate disputes are emotionally charged and often arise at the worst possible time. We give clients an honest assessment of their prospects at the outset — whether they are pursuing or defending a claim — so they can make informed decisions before committing to litigation.
Most estate disputes settle without a final hearing. We aim to resolve matters by negotiation where possible, and pursue them in court only where settlement is not achievable on reasonable terms. We act for both claimants and estates, and bring the same directness to both sides.
Time limits are strict. If you think you may have a claim — or if your estate is at risk of one — seek advice as soon as possible. Delay can cost you the right to act.
Contesting a Will FAQs
Under the Administration and Probate Act 1958 (Vic), eligible persons who can make a family provision claim include: a spouse or domestic partner; a child (including adult children); a former spouse or domestic partner; a registered caring partner; and a grandchild or stepchild who was financially dependent on the deceased. The court has discretion to make an order if it is satisfied that the provision made was inadequate for the proper maintenance and support of the claimant.
In Victoria, a family provision claim must generally be made within 6 months of the grant of probate or letters of administration. The court has discretion to extend this time in limited circumstances, but extensions are not granted automatically and require strong reasons. If the estate has already been distributed, recovery becomes very difficult. Seek advice as soon as possible after a death — ideally before probate is granted.
Contesting a Will (a family provision claim) accepts the Will as valid but argues that the distribution is inadequate for the claimant's needs. Challenging the validity of a Will argues the Will should not stand at all — on the grounds that the testator lacked testamentary capacity, was subject to undue influence, the Will was forged, or it was not properly executed. Both are distinct legal processes with different requirements and different remedies.
The court considers: the claimant's financial circumstances, needs, and health; the size and nature of the estate; the claimant's relationship with the deceased and any contributions they made; any provision already made for the claimant (during the deceased's lifetime or by the Will); the competing claims of other beneficiaries; and any reasons the deceased gave for the distribution chosen. The court's discretion is broad, and the outcome depends on the specific facts.
Yes. In Victoria, adult children are eligible persons who can make a family provision claim even if they were deliberately excluded from the Will. The fact of exclusion does not prevent a claim, though the deceased's reasons may be relevant to the court's discretion. Adult children are not automatically entitled to a share — they must demonstrate that adequate provision was not made for their proper maintenance and support. We advise on the strength of your position before any application is made.
No. The majority of family provision claims and estate disputes settle before a final hearing — often through without prejudice negotiations or mediation. Court proceedings are commenced to protect time limits and create negotiating leverage, but most matters resolve before the hearing date. We aim to resolve disputes as efficiently as possible, using litigation only when necessary to achieve a fair outcome for our client.
Yes. We are based at 4 Watton Street, Werribee and regularly act for clients across the Wyndham region — including Hoppers Crossing, Point Cook, Tarneit, Wyndham Vale, Truganina, Manor Lakes, and Werribee South. We also assist clients in Lara, Little River, and Geelong. Call (03) 9741 3777 to arrange an appointment.
Time limits are strict.
Your first 30 minutes is free. If you think you may have a claim — or your estate may be at risk — book a no-cost consultation now.