Contesting a Will in Australia: Who Can, How, and What It Means

Introduction – Why Wills Are Contested

A will is meant to clearly express a person’s wishes after their death. But in reality, wills can be disputed, leading to legal action that challenges whether the distribution of assets is fair or valid.

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In Australia, contesting a will has become increasingly common, often due to family conflicts, questions of fairness, or claims of financial dependency.

At eziFunerals, we support families through the funeral and estate planning process by helping them understand their rights and options when it comes to wills and inheritance.

What Does “Contesting a Will” Mean?

To contest a will means to legally challenge the way a deceased person’s estate has been distributed. This doesn’t mean the will is invalid — rather, it argues that the will does not provide adequate provision for someone who believes they should have been included.

Who Can Contest a Will in Australia?

The law varies by state and territory, but generally, those who can contest include:

• Spouse or de facto partner.
• Children (including stepchildren and adopted children).
• Former spouses (in some cases).
• Financial dependants (anyone financially dependent on the deceased).

Legal Grounds for Contesting a Will

Common reasons include:

Lack of adequate provision

• The will fails to provide reasonable financial support.

Eligibility

• Claimants must prove they had a close relationship or financial dependence.

Improper influence or unfair treatment

• Sometimes disputes arise if one beneficiary received a much larger share than others.

How to Contest a Will in Australia – Step by Step

Seek legal advice quickly

• Strict time limits apply (often 6–12 months from death).

Check eligibility

• Confirm if you are legally recognised as a person who can contest.

File a claim

• Lodge an application with the Supreme Court in the relevant state.

Mediation or settlement

• Many cases are resolved outside court through negotiation.

Court hearing

• If unresolved, the court decides based on fairness and need.

Risks of Contesting a Will

• Costs – Legal action can be expensive.
• Delays – Estates may be frozen until disputes are resolved.
• Emotional strain – Family relationships can suffer lasting damage.

Alternatives to Contesting a Will

• Mediation – Some families resolve disputes with professional mediators.
• Estate planning in advance – Making a clear, well-drafted will (using services like Willed.com.au) can help avoid disputes altogether.

Contesting a Will vs Challenging a Will

• Contesting – Disputes the fairness of the distribution.
• Challenging – Questions the validity of the will itself (e.g., undue influence, fraud, or lack of capacity).

👉 A separate article on Challenging a Will will explain this distinction in detail.

How eziFunerals Supports Families

While eziFunerals does not provide legal advice, we:

• Guide families through funeral planning during disputes.
• Connect with resources for estate and probate support.
• Promote alternatives like prepaid funeral planning to reduce future conflicts.

👉 Get a Quote to connect with independent funeral directors while managing estate challenges.

FAQs – Contesting a Will in Australia

Q: Can anyone contest a will?

A: No, only eligible people such as spouses, children, and dependants.

Q: How long do I have to contest?

A: Usually 6–12 months from death, depending on the state.

Q: Does contesting mean the will is invalid?

A: No. It usually means someone claims the will didn’t provide adequate financial support.

Q: Who pays legal costs?

A: Costs are often paid from the estate, but this depends on the outcome.

Q: Is mediation required?

A: In most cases, disputes go to mediation before court.

Final Thoughts – Contesting a Will with Care

Contesting a will in Australia can provide fairness for dependants or family members left out, but it can also create stress, costs, and family conflict. Understanding your rights and seeking early advice is essential.

At eziFunerals, we provide support during these difficult times by helping families focus on what matters most: honouring a loved one’s life with dignity.

👉 Plan with confidence – Get a Quote today and find funeral support you can trust.

Peter Erceg

Peter Erceg is the Founder and Owner of eziFunerals — Australia’s Independent Funeral Planning Authority. With more than 40 years of experience in government and public health, Peter has become one of the country’s leading voices on funeral transparency, consumer rights, and ethical funeral practices. Through eziFunerals, Peter has built a national platform that empowers Australian families to make informed end-of-life decisions — free from pressure, commissions, and confusion. His goal is simple: "to help every Australian plan smarter, save money, and choose funeral services with confidence." 🕊 eziFunerals was founded by Peter in 2011, as an independent funeral comparison and planning platform that allows consumers to: • Compare local funeral directors and transparent quotes, • Understand real funeral costs across Australia, and • Connect with trusted, independent funeral homes that uphold the Fair Funeral Promise. As Australia’s Independent Funeral Planning Authority, eziFunerals is recognised by media, consumers, and funeral professionals for its leadership in price transparency and consumer protection. “We believe every family deserves a fair, dignified, and affordable farewell — without hidden fees or sales pressure.” 📘 Peter is the author of What Kind of Funeral: A Self-Help Guide to Planning a Meaningful Funeral, a practical guide that has helped thousands of Australians understand their options and avoid unnecessary costs. He regularly contributes articles and commentary on: • Funeral cost transparency and industry reform, • Prepaid funerals and consumer protection, • Emerging trends in eco-friendly and digital memorials, and • The role of AI and technology in end-of-life planning. 🎙 Peter and eziFunerals have been featured in major Australian media outlets including ABC News. His insights continue to shape the national conversation on funeral costs, consumer rights, and ethical practices in the funeral industry. ⚖️ Disclaimer: The views and opinions expressed by Peter Erceg are his own and do not necessarily reflect those of eziFunerals or its members. The information provided on this site is general in nature and should not be taken as personal, legal, or financial advice. Consumers are encouraged to conduct their own research and compare funeral services that best meet their needs and circumstances.