Wills & Estates
How to Contest a Will in Australia: Family Provision Claims Explained
Last updated: June 2026
Two Ways to Challenge a Will
- Challenging validity — arguing the will is not legally valid
- Family provision claim — arguing you did not receive adequate provision from the estate
Challenging Validity
- Lack of testamentary capacity — the person did not understand what they were doing (e.g., dementia at the time of signing)
- Undue influence — they were pressured or coerced
- Fraud or forgery — the will is fake or the signature forged
- Failure of formal requirements — not properly signed or witnessed
If the will is found invalid, an earlier will takes effect, or the estate is distributed under intestacy rules.
Family Provision Claims
A family provision claim asks the court to award you more from the estate on the basis that you were not adequately provided for. The will itself does not have to be invalid.
Who can claim (varies by state): spouse/de facto partner, children, stepchildren, grandchildren, or financially dependent former spouses.
What courts consider: your relationship with the deceased, your financial circumstances and needs, your contributions to the estate, the size of the estate, and any reasons the deceased gave for excluding you.
Time Limits by State
| State/Territory | Time limit | Runs from |
|---|---|---|
| NSW | 12 months | Date of death |
| VIC | 6 months | Grant of probate |
| QLD | 9 months | Date of death |
| WA | 6 months | Grant of probate |
| SA | 6 months | Grant of probate |
| TAS | 3 months | Grant of probate |
| ACT | 12 months | Date of death |
| NT | 12 months | Date of death |
These limits are strictly applied. Act immediately.
Key Points
- Validity challenge and family provision claim are separate processes
- Family provision claims do not require the will to be invalid
- Time limits vary by state and are strictly enforced — get legal advice quickly
- The estate cannot be fully distributed while a claim is on foot