Contesting a will in VIC

Updated 20 August 2026 · 6 minute read

In Victoria, contesting a will almost always means a family provision claim — asking the Supreme Court of Victoria 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?

6moDeadline — 6 months from the grant of probate or administrationAs 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 VIC

Spouse or domestic partner
Children, stepchildren and adopted children (adult children must show need)
A person who believed the deceased was their parent
A former spouse or partner unable to finalise family-law matters
A registered caring partner, grandchild, or household member (with conditions)

VIC specifics

Victoria's eligible list is the broadest in Australia, but since 2015 adult claimants must show genuine dependence or need — nuisance claims are far harder than folklore suggests.

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

6 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 VIC 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 Victoria — Probate Office fees (supremecourt.vic.gov.au)
RedCrest-Probate user guide
VIC probate fees 2026–27 (nationalprobate.com.au/vic/probate/costs)
Probate Consultants — VIC processing times
Family provision legislation and court practice notes for Victoria