Challenging a Will in Australia:
What You Need to Know
Sometimes, the terms of a will may seem unfair or fail to provide for someone who was financially dependent on the person who passed away. If you believe a will is unjust or invalid, you may be able to challenge or contest it under Australian law.
Simple overview of how it works
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Contesting a Will (Seeking a Fair Share)
If you were left out of a will or believe you didn’t receive a fair share, you may be able to make what’s called a Family Provision Claim.
To do this, you must show that:
- You were closely related to the person (e.g. spouse, child, stepchild, de facto partner),
- You were financially dependent on them or had a genuine need for support
- The will does not adequately provide for you.
Every Australian state and territory has slightly different rules, but you usually need to act within 6 to 12 months from the date of death or the grant of probate.
Challenging the Validity of the Will
You might also challenge a will if you believe it’s not legally valid. This can happen if:
- The person who made the will didn’t have the mental capacity to understand what they were doing
- They were pressured, influenced, or manipulated by someone else
- The will was forged or not properly signed and witnessed.
What Happens Next?
If you decide to challenge or contest a will:
- You’ll usually need to get legal advice quickly
- A claim is made to the Supreme Court in the state or territory where the deceased lived
- The process may involve negotiation or mediation – many cases are resolved without going to court
- If no agreement is reached, the court will decide based on factors like your relationship to the deceased, your financial needs, and the size of the estate.
The process may involve negotiation or mediation – many cases are resolved without going to court
Important Reminders
- Time limits apply, so don’t delay
- Getting legal advice early can help you understand your rights and options.
- This process is about fairness, not simply being unhappy with what you received.
If you believe you have grounds to challenge a will, speaking with a qualified legal
professional is the best first step. They can assess your situation and guide you through the
process. We can direct you to a skilled and trusted law firm to assist you.