Will Dispute
Lawyers
If a loved one’s will leaves you unfairly provided for, treated differently from other beneficiaries, or does not reflect their true intentions, our will dispute lawyers can help. We understand that challenging a will while grieving is difficult, but protecting your rights may be essential.
Our experienced team handles all types of will disputes, including family provision claims and challenges based on capacity or undue influence. We focus on achieving fair outcomes that recognise your entitlements and safeguard your financial future.
Am I eligible to contest a will?
Not everyone can challenge a will in Australia. To contest a will successfully, you must be an eligible person under your state’s succession legislation and have grounds for your challenge.
1. Are you an eligible person under succession law?
Each state defines who can contest a will, but eligible persons generally include the deceased’s spouse or de facto partner, children (including adult children), former spouses in some circumstances, grandchildren who were dependent on the deceased, and other persons who were wholly or partially dependent on the deceased or were members of their household.
2. Do you have grounds to dispute the will?
Valid grounds to challenge a will include:
- Inadequate provision for your needs (family provision claims)
- Lack of testamentary capacity when the will was made
- Undue influence or manipulation by another person
- Fraud or forgery in creating the will
- Improper execution that doesn’t meet legal requirements.
3. Did the deceased owe you a moral obligation?
For family provision claims, courts consider the deceased’s moral obligation to you, your financial needs, contributions to their welfare or estate, and the estate’s size compared to other claims.
Will dispute claims:
Your rights, our fight
Different situations call for different legal approaches to will disputes. Understanding your circumstances helps determine the most effective way to contest a will. When a will does not adequately provide for you or fails to reflect the deceased’s true intentions, our will dispute lawyers ensure your rights are protected and your challenge a will claim is presented effectively.
Family provision claims
Challenge wills that fail to provide for eligible family members
Pursue claims under succession legislation for fair outcomes
Present evidence of financial need, moral obligations, and estate capacity
Negotiate settlements that recognise entitlements.
Inadequate provision for spouses
Challenge wills that leave spouses without proper support
Address estates disproportionately benefiting adult children
Seek provision for housing (including family home) and adequate income
Show financial dependency and obligations owed by the deceased
Protect spousal rights under succession law.
Adult children claiming provision
Show moral obligations to adult children despite financial independence
Demonstrate special circumstances (health, hardship, caregiving)
Address unequal or unjustified treatment between children
Prove provision is inadequate given the deceased’s resources.
Challenges based on lack of capacity
Prove the deceased lacked testamentary capacity
Show cognitive impairment, dementia, or mental illness affected decisions
Gather and present medical or expert evidence
Establish the deceased did not understand the will, their estate, or family obligations.
Undue influence allegations
Prove coercion, manipulation, or pressure influenced the will
Show exploitation of vulnerability, isolation, or dependency
Demonstrate power imbalances in key relationships
Establish that the will reflects another person’s influence, not the deceased’s true intentions.
Fraud or forgery claims
Challenge wills created through fraud, misrepresentation, or deceit
Prove forged signatures or fraudulent creation of the will
Show the deceased was misled about the will’s contents or effect
Invalidate wills that do not reflect the deceased’s genuine intentions.
Speak with a will contest lawyer now.
Start with a free consultation and get your case reviewed within minutes.
Why Choose Gerard Malouf & Partners
What can you claim when disputing a will?
The compensation you may receive from a will dispute depends on the type of claim—whether a family provision claim or a validity challenge—and the specific circumstances of your case.
For family provision claim recoveries
Economic losses | Past and future medical expenses, lost income and reduced earning capacity, ongoing care and support costs, accommodation needs, and educational expenses for dependent children. |
Non-economic losses | Pain and suffering, loss of relationship and support, recognition of moral obligations and family bonds, and acknowledgment of contributions made to the deceased’s welfare or estate. |
Lump sum or ongoing provision | Depending on your age, health, and circumstances, provision may be structured as lump sums for immediate needs, ongoing periodic payments for support, or combinations providing both immediate and long-term security. |
Validity challenge outcomes
Will invalidation | The will may be declared invalid, resulting in an earlier valid will taking effect, distribution under intestacy rules, or further examination of the deceased’s testamentary intentions. |
Costs recovery | If the challenge succeeds, legal costs are often covered by the estate, recognising that valid challenges protect against improperly executed or invalid wills. |
Our Unique Fee Reduction Guarantee
Satisfaction first:
Fees second
If our service fails to meet the high standards we set, we’ll reduce our fees. We are the only Australian firm that backs our service with a written cost reduction promise, giving you total confidence in your claim.
The compensation claim process: Your journey with GMP Law
Initial consultation
Evidence gathering
Claim submission
Negotiation
We’ll advocate fiercely on your behalf, aiming for a fair settlement that truly reflects your needs.
Court representation
Ongoing support
We’re here to address any questions or concerns that arise along the way.
Why choose our contested will lawyers?
Our No Win No Fee will dispute lawyers specialise in handling some of the most complex and challenging cases. With deep expertise in medical law and personal injury, we understand the unique difficulties these claims present and know how to navigate them effectively.
Key benefits include:
98% success rate
With over $4 billion in settlements
Australia-wide coverage.
Expert contesting will lawyer support in every state
Free initial consultation
To assess your contesting will claims
Award-winning lawyers
Proudly recognised by Doyles Guide 2025 for excellence in personal injury legal services
No Win No Fee.
Specialised expertise.
Our accredited contesting will lawyers bring years of experience managing complex claims
No Win No Fee
Fee transparency that you can trust
At GMP Law, we’re committed to ensuring you have nothing to lose with our No Win No Fee service.
How our No Win No Fee system works:
No upfront costs
Start your claim without any financial risk
No contingency fees.
We don’t take a percentage of your settlement
Fair hourly rates.
When you win, we charge transparent hourly rates
Careful case evaluation.
We only take cases we believe can succeed
Our commitment. If we don’t believe your case will result in compensation or if costs outweigh benefits, we won’t take it on. This dedication to our clients’ best interests sets our No Win No Fee will dispute lawyers apart.
Proven results: Will contest case studies
At GMP Law, our experienced estate dispute lawyers have successfully acted for clients across a wide range of estate matters, including family provision claims and contested wills.
Case 1: Family provision claim
Background
A woman from Cessnock was excluded from her father’s will, despite being his only child. The estate was left entirely to the deceased’s partner and great-grandchildren.
Will dispute
The will relied on a prior gift made more than a decade earlier to justify excluding the daughter. Given her limited financial means and her close relationship with her father, the will failed to make proper provision for her future needs.
GMP Law’s approach
We challenged the will on the basis that it did not adequately provide for an eligible family member.
Our will dispute lawyers argued that the earlier gift did not discharge the father’s ongoing moral obligation and that provision should have been made for accommodation, education, transport, and everyday living expenses.
What our clients say:
These are genuine reviews from real clients on Google, sharing their experiences with GMP Law.
Turning injuries into justice, transforming lives through compensation
At GMP Law, we’re not just fighting for compensation – we’re fighting for your right to recover, rebuild, and reclaim your life after an injury. Read our will dispute case studies:
A second wife’s inheritance rights in Australia
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Adult Child Gets $120K Compensation After Contesting Mum’s Queensland Estate
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Children of Deceased Worker Compensated Following a Death Benefit Claim
Workers compensation for death: Deceased’s adult children awarded compensation after death benefit claim A worker in Australia suffered a work-related injury
Our Client Received 40% of Estranged Father’s Estate Under Family Provision Claim
Case Overview Our client’s father passed away in late 2019, leaving the bulk of his estate to his niece. As the
Adult Son Contest Father’s Will in New South Wales and Wins $75,000
Gerard Malouf and Partners was approached by an adult son seeking information on how to make a Family Provision Claim. He
Sons Claim on Father’s Newcastle Estate to Receive an Equal Share
We were contacted by 2 brothers to receive advice in relation to their late father’s Newcastle Estate. Their father had been
Meet our will dispute lawyers
Meet our dedicated team of will dispute lawyers, experienced in advising and representing clients in contested wills and estate disputes across Australia. Our team regularly acts in complex matters, including family provision claims, executor disputes, challenges to wills, intestacy disputes, and contested estate administration.
With offices throughout Australia, including Brisbane, Sydney, and Melbourne, we support clients nationwide. We are committed to achieving fair, practical outcomes for individuals and families navigating emotionally challenging will disputes and estate matters.
Frequently Asked Questions about will disputes
Who can contest a will?
A will can generally be contested by eligible persons as defined under your state’s succession laws. This usually includes spouses and de facto partners, children (including adult children), dependent grandchildren, some former spouses, and others who were financially dependent on the deceased.
Simply being a family member does not automatically make you eligible. Eligibility depends on the statutory definition, which differs between states such as VIC, QLD, and NSW.
Separately, anyone may challenge a will’s validity on grounds such as lack of testamentary capacity, undue influence, fraud, or improper execution, even if they are not an eligible family member. Family provision claims, however, are limited to those legally recognised as eligible.
How long do you have to contest a will?
Time limits vary by state:
- NSW: 12 months from death.
- VIC, SA, WA, ACT: Six months from probate grant.
- QLD: Nine months from death (six-month notice to executors).
- TAS: Three months from probate.
- NT: 12 months from probate.
These limits are strictly enforced, and missing them usually means losing the right to contest, regardless of your claim. Seek legal advice as soon as possible if you have concerns about a will.
Can a brother contest a will?
A brother or sister may contest a will, but eligibility is limited. Simply being a sibling does not automatically give standing under succession law.
Siblings usually must show financial dependency, membership of the deceased’s household, or special circumstances creating a moral obligation. Adult siblings who were financially independent, lived separately, and received no support from the deceased are unlikely to succeed in a family provision claim.
Regardless of the relationship, a person may still be able to challenge a will’s validity where there are concerns about lack of testamentary capacity, undue influence, fraud, or improper execution.
Can family contest a will?
Yes, certain family members may contest a will, either by making a family provision claim or by challenging the will’s validity. Eligible persons commonly include spouses, children, some grandchildren, and other dependents of the deceased.
Not all family members automatically qualify. More distant relatives, such as cousins, aunts, uncles, or financially independent adult children, may only be eligible if they can demonstrate dependency, special circumstances, or a clear moral obligation owed by the deceased.
Courts do not automatically favour family members, and there are many unsuccessful cases of contesting a will where eligibility or inadequate provision cannot be proven. Because outcomes depend heavily on individual circumstances and strict legal requirements, obtaining early advice from an experienced will dispute lawyer is essential to understand your prospects and protect your position before critical time limits expire.
What is a contested will?
A contested will is a will that is legally challenged after a person’s death. This can occur through a family provision claim, where an eligible person seeks adequate provision from the estate, or through a validity challenge, where the will itself is alleged to be invalid.
Family provision claims do not dispute whether the will is legally valid. Instead, they argue that the will fails to provide for an eligible family member or dependent properly. Validity challenges allege issues such as lack of testamentary capacity, undue influence, fraud or forgery, or improper execution of the will.
When a will is contested, the dispute may lead to negotiations, mediation, or court proceedings, where the court determines whether the challenge succeeds and how the estate should ultimately be distributed.
Read more: What grounds do you have to contest a will?
How long does a will dispute take?
Most will disputes take between 12 and 24 months to resolve, though timeframes vary depending on the complexity of the matter.
Straightforward family provision claims that settle early through negotiation may resolve within 9 to 12 months. Matters requiring mediation commonly take 12 to 18 months. More complex contested will cases that proceed to trial can take 24 to 36 months or longer, particularly where a public trustee is involved.
The length of a will dispute is influenced by factors such as the complexity of the estate, the number of parties involved, court availability, whether a public trustee is administering the estate, the conduct of the parties, and whether the matter resolves by settlement or proceeds to trial. Most will disputes settle before reaching court, which can significantly reduce the overall timeframe.
What is the time limit to contest a will?
Time limits for contesting wills vary by state and type of challenge:
- NSW provides 12 months from death for family provision claims.
- Victoria, SA, WA, and ACT allow six months from the grant of probate.
- Queensland requires nine months from death, with earlier notice requirements.
- Tasmania allows only three months from probate.
Challenges to the validity of a will (such as lack of capacity, undue influence, fraud, or improper execution) do not have the same fixed statutory time limits as family provision claims, but should be brought as early as possible, ideally before probate is granted or estate assets are distributed. These time limits are strictly enforced, and extensions are granted only in exceptional circumstances. Consult will contest lawyers immediately upon learning of concerning will provisions.
Learn more about will disputes
Family provision claims: Who can claim and how
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What happens if you die without a will: Why you need one
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How much does it cost to contest a will? Who pays court costs?
When you’re considering challenging a will because you’ve been inadequately provided for or believe there are grounds to dispute its validity,
Beneficiary of a will: Rights, entitlements and next steps
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Intestacy rules: Who inherits without a will?
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Can a sibling contest a will? A guide for family members
The death of a parent or family member often brings not only grief but also complex questions about inheritance and estate
Talk to a will contest lawyer today
Start with a free consultation. Call 1800 004 878, or request a call back below.
