Contesting a will

Updated 20 August 2026 · 9 minute read

"Contesting a will" almost always means a family provision claim — asking the court for a larger share because the will (or intestacy) didn't make adequate provision for you. It is not about whether the will is valid; it's about whether it's fair to people the deceased had a responsibility toward. Two things decide most cases before any argument starts: whether you're eligible, and whether you're inside the time limit.

The time limits — strict and short

Who can claim

Every state starts with the same core: spouse or de facto partner, children (including adopted), and in most states former spouses receiving maintenance and people who were financially dependent — stepchildren, grandchildren and household members qualify in some states with conditions. Victoria's list is the broadest; South Australia's was deliberately narrowed by the Succession Act 2023. Eligibility is state-specific — check yours before forming views.

What the court weighs

• The claimant's financial position and needs — the engine of most successful claims
• The size of the estate and competing claims on it
• The relationship's nature and any contributions to the deceased's assets or care
• Conduct — estrangement matters but rarely disqualifies on its own
• Any provision made during life, and the deceased's reasons (courts read those letters)

What it costs — and how they end

The folklore that "the estate pays everyone's costs" is out of date. Courts increasingly order unsuccessful claimants to carry their own costs, and most firms take strong claims on deferred or no-win-no-fee terms. The overwhelming majority of claims settle at mediation without a hearing — commonly inside 6–12 months.

If you're the executor

Don't distribute early. An executor who distributes inside the claim window can be personally liable to a successful claimant. Hold, take advice, and let the window close — executor duties covers the sequence.