Contesting a will in TAS
Updated 20 August 2026 · 6 minute read
In Tasmania, contesting a will almost always means a family provision claim - asking the Supreme Court of Tasmania for a larger share because the will (or intestacy) didn't adequately provide for you. Two questions decide most claims before any argument starts: are you eligible, and are you in time?
Who can claim in TAS
- Spouse or partner
- Children
- A former spouse receiving maintenance
- Parents, where the deceased left no spouse or children
Three months from the grant is the shortest window in the country - realistically you need advice within weeks of the death, not months.
What the court weighs
- Your financial position and needs - the engine of most successful claims
- The size of the estate and competing claims on it
- The relationship, and contributions to the deceased's assets or care
- Conduct and estrangement - relevant, rarely decisive on its own
- Provision already made during the deceased's lifetime
If you're the executor
Don't distribute inside the window - an executor who does can be personally liable to a successful claimant. Hold, take advice, and document the timeline. The broader duties are in executor duties.
3 months passes faster than any family expects while certificates, valuations and probate itself are in motion. If a claim is even possible, get advice now - the national picture is in contesting a will in Australia.
Weighing a TAS claim - or defending one?
A fixed-fee initial consult establishes where you stand this week, not after the deadline.
Match me with a probate lawyerIs challenging the will's validity the same thing?
No - validity challenges (capacity, undue influence, forgery) attack the will itself, have no fixed time limit, and are harder to win. Family provision accepts the will and argues fairness.
Can a claim be brought after distribution?
Sometimes, but recovering distributed assets is much harder - which is exactly why the deadline and executor holds exist.
Who pays the costs?
Increasingly, unsuccessful claimants carry their own. Strong claims are commonly run on deferred or no-win-no-fee terms; ask before signing anything open-ended.
Sources
- Supreme Court of Tasmania - probate fees (supremecourt.tas.gov.au)
- Probate Australia - TAS guide
- Public Trustee Tasmania - intestacy
- Family provision legislation and court practice notes for Tasmania