How to Contest a Will in Australia: Your Rights, Options and Next Steps
Contesting a will is never an easy decision. Whether you feel unfairly left out or believe the will was made under pressure or without capacity, it’s important to understand your rights — and the legal process involved.
At eziFunerals, we help you navigate this sensitive issue by explaining when and how to challenge a will, what grounds you need, and what steps to take.
Can You Contest a Will?
Yes, in Australia, certain people can legally contest or challenge a will if they believe it is invalid or unfair. There are generally two types of claims:
1. Contesting a Will
Claiming the will does not make adequate provision for you as a dependent or close relative.
2. Challenging a Will
Claiming the will is invalid due to fraud, undue influence, lack of capacity, or improper execution.
Who Can Contest a Will in Australia?
Laws vary slightly between states, but generally, the following people may be eligible:
- Spouse or de facto partner (including same-sex partners)
- Former spouse
- Children (biological, adopted or stepchildren in some cases)
- Dependants (financially supported by the deceased)
- Other people with a close personal or domestic relationship
Each state and territory has specific eligibility rules — and strict time limits.
Grounds for Contesting a Will
You may have a valid case to contest a will if:
- You were left out of the will unfairly
- You received less than you believe you’re entitled to
- You were financially dependent on the deceased
- You contributed to the estate (e.g. care, work, property)
The court will consider many factors, including your financial need, relationship to the deceased, and the size of the estate.
Grounds for Challenging a Will (Claiming It Is Invalid)
In other cases, you may argue that the will itself is not legally valid. This may be due to:
- Undue influence (pressured by someone else to write/change the will)
- Lack of testamentary capacity (e.g. cognitive impairment or dementia)
- Forgery or fraud
- Improper execution (not properly signed or witnessed)
If successful, the will may be set aside and an earlier will (or intestacy laws) may apply.
Time Limits to Contest a Will
Each state has different rules about how long you have to contest a will, typically between 6 to 12 months from the date of the grant of probate.
Examples:
- NSW: 12 months
- VIC: 6 months
- QLD: 9 months
- WA: 6 months
- SA: 6 months
- TAS, ACT & NT: Varies — seek legal advice
If you think you have a claim, it’s important to act quickly and seek legal advice as soon as possible.
What Happens When You Contest a Will?
Here’s a simplified overview of the process:
- Seek legal advice and confirm your eligibility
- Gather evidence (e.g. financial records, proof of dependency or care)
- Notify the executor of your intention to contest
- Lodge a Family Provision Claim with the appropriate court
- Attend mediation (many cases settle out of court)
- Proceed to court if no agreement is reached
Contesting a will can be complex, so legal support is essential.
Is Contesting a Will Worth It?
That depends on:
- The size of the estate
- The strength of your relationship and financial needs
- The likelihood of success
- Potential legal costs
Most cases are settled outside court through mediation, especially when supported by clear documentation and a strong legal claim.
How eziFunerals Can Help
While eziFunerals is not a law firm, we can connect you with independent wills and estate lawyers who:
- Review your case and advise on eligibility
- Help you prepare your claim
- Represent you in negotiations or court
- Provide fixed-fee or no-win-no-fee options in some cases
We also offer free resources to help you understand your rights and options before taking the next step.
Need to Contest a Will? Don’t Wait.
If you believe you’ve been unfairly treated in a will — or that a will is invalid — it’s important to act quickly and get expert legal advice.
Contact eziFunerals today and we’ll connect you with trusted professionals who can guide you through the process.
Visit: ezifunerals
Call: 1300 236 402
Email: support@ezifunerals.com.au