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?

3moDeadline — 3 months from the grant — the shortest in AustraliaAs at August 2026

MostClaims settle at mediation, not trialTypically inside 6–12 months

1stStep: check eligibility below, then get advice fastExtensions are never guaranteed

Who can claim in TAS

Spouse or partner
Children
A former spouse receiving maintenance
Parents, where the deceased left no spouse or children

TAS specifics

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.

Act on the clock, not the grief

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.

Get fixed-fee probate quotes

Is 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