Written by: Garbis Kolokossian Losing someone you care about is difficult enough, and learning that their will leaves you with little or nothing at all can make the experience even more distressing. In some cases, inadequate provision can also create real financial pressure at a time when stability is most needed.
If you feel the will doesn’t reflect your relationship with the deceased or fails to provide fairly for you, Victorian law offers clear pathways to challenge it.
Contesting a will in Victoria can be complex, with strict deadlines and specific eligibility rules. Our November 2025 guide explains your rights, who can contest, the grounds for challenging a will in Victoria, and the key steps involved. This will help you make informed decisions during an already difficult time.
Who can contest a will in Victoria?
Not everyone has the legal right to challenge a will in Victoria. Part IV of the Administration and Probate Act 1958 (VIC) restricts who has standing to bring a family provision claim, ensuring only those with genuine connections to the deceased can contest estate distribution.
Eligible applicants include:
- Spouse or domestic partner: This covers married spouses and both registered and unregistered domestic partners, including same-sex partners. Unregistered partners must show evidence of a genuine domestic relationship.
- Children: Biological, adopted, and—where treated as part of the family—stepchildren may all be eligible to contest.
- Former spouses or domestic partners: You may qualify if you were receiving, or entitled to receive, maintenance from the deceased at the time of their death.
- Registered caring partners: Individuals registered as caring partners under the Relationships Act 2008 (VIC) may have standing to bring a claim.
- Grandchildren: In certain situations, grandchildren who were dependent on the deceased or treated as their child may be eligible.
- Others the deceased had a duty to maintain: If the deceased had a responsibility or moral duty to provide for you, you may be eligible even if you don’t fall into the above categories.
The key distinction in Victorian law is that eligibility extends beyond simple family relationships to consider moral obligations and actual dependence.
Lawyer insight
Victoria’s family provision laws recognise that moral obligations extend beyond blood relationships. We’ve successfully represented stepchildren who were treated as family members, former partners who remained dependent on the deceased, and even close friends who provided care in the deceased’s final years. The court looks at the reality of the relationship, not just legal labels.
Grounds for contesting a will in Victoria
Being eligible to contest is only the first hurdle. You must also establish valid legal grounds for your challenge. In Victoria, there are two main categories of grounds for contesting a will.
Family provision claims
The most common type of will dispute in Victoria is a family provision claim under Part IV of the Administration and Probate Act 1958 (Vic). These claims argue that the will has not made adequate provision for the proper maintenance and support of an eligible person.
To succeed in a family provision claim, you must demonstrate:
- You are an eligible person under the Act
- The deceased had a moral duty to provide for you
- The will has failed to make adequate provision for your proper maintenance and support
- The court should exercise its discretion to alter the distribution.
Factors the courts consider when determining a claim
Your financial position and needs | Courts carefully examine your current income, assets, liabilities, living expenses, and future financial security. Being comfortably positioned doesn’t automatically defeat your claim, but it’s weighed against other factors. |
The estate’s size and nature | The estate’s extent matters significantly. Larger estates can more readily accommodate multiple claims than modest ones. Courts also consider whether assets are liquid or tied up in property or business interests. |
Any disabilities you may have | If you have a disability, chronic illness, or special needs affecting your earning capacity or requiring ongoing care, courts give this significant weight in determining adequate provision. |
Your relationship with the deceased | The nature and quality of your relationship is central. Courts consider whether you lived with the deceased, the closeness of your emotional bond, any estrangement and who was responsible, contributions you made to the deceased’s welfare or estate, and the moral obligations the deceased had toward you. Victorian law particularly emphasises moral duty. Did the deceased have a responsibility to provide for you based on your relationship, their actions, or promises made? |
Other beneficiaries circumstances | Courts balance your claim against other beneficiaries’ interests. If other eligible persons also have strong needs or close relationships with the deceased, this may affect what you receive. |
The deceased’s intentions | While not determinative, courts consider any statement or evidence explaining why the deceased made certain provisions or excluded certain people. However, these reasons must be rational and based on accurate information. |
Unlike some other jurisdictions, Victorian courts place significant emphasis on the moral duty owed by the deceased to the applicant. This is about ensuring that the people the deceased had a responsibility to support aren’t left in need.
Validity challenges
Separate from family provision claims, you may also challenge whether a will is legally valid. These types of challenges focus on whether the document should be recognised and enforced by law.
Validity challenges differ completely from family provision claims. A family provision claim accepts the will as valid but argues that it fails to provide adequate support. A validity challenge, however, seeks to have the will declared void. If successful, the estate is distributed under an earlier valid will, or, if none exists, according to intestacy rules.
Common grounds for contesting a will in Victoria based on validity include:
Lack of testamentary capacity | The deceased didn’t have sufficient mental capacity to understand they were making a will, comprehend the extent of their property, or understand the claims of potential beneficiaries when executing the will. |
Undue influence | Someone exerted improper pressure on the deceased that overpowered their free will, resulting in provisions they wouldn’t have otherwise made. |
Fraud or forgery | The will was forged, the deceased’s signature was fraudulently obtained, or the deceased was deceived about the document’s contents or effect. |
Improper execution | The will wasn’t properly executed according to Victorian law, such as lacking proper witnesses or signatures. |
Revocation | The will was revoked by a later will, marriage, or intentional destruction by the deceased. |
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Time frame for contesting a will in Victoria
Contesting a will in Melbourne and across Victoria is subject to strict time limits. Missing these deadlines can prevent you from bringing a claim at all, even if your case is strong
Six-month limit for family provision claims
In Victoria, family provision applications must be filed within six months of the grant of probate or letters of administration. This is different from several other Australian states, where the clock starts from the date of death.
Although the time limit only begins once probate is granted, it’s important not to wait passively. Obtaining early legal advice ensures you’re ready to act immediately once probate is issued.
Extensions are possible but not guaranteed
Victorian courts can extend the six-month deadline, but only in limited circumstances. To obtain an extension, you must show:
- A reasonable explanation for the delay
- that your proposed claim has merit
- That beneficiaries will not be unduly prejudiced by reopening the estate
- That you would suffer hardship if an extension were refused.
The longer the delay, the harder it becomes to secure an extension, especially if beneficiaries have already received or spent their inheritance.
Time limits for validity challenges
There is no fixed statutory time limit for challenging the validity of a will in Victoria. However, the practical deadline is the grant of probate, because once probate is issued, the executor can begin administering and distributing the estate.
What this means in practice:
- Best time to challenge: Before probate is granted. You can file a caveat to stop probate from being issued while the dispute is investigated.
- Contesting a will after probate in Victoria: It’s still possible, but much harder. You must show strong reasons—such as new evidence—why the challenge wasn’t made earlier.
- After distribution: Challenges are extremely difficult and may require complex recovery orders.
Expert tip
Don’t wait until you’re close to the deadline to seek advice. Investigating the estate, gathering evidence, and preparing a strong application takes considerable time. Ideally, consult a will dispute lawyer within the first few weeks or months after learning of the death, well before probate is granted.
How to contest a will in Victoria
Understanding what lies ahead can help you prepare for a will contest. While each case follows its own path, most Victorian will disputes share common stages.
1. Initial consultation and case assessment | Your first step is to speak with a lawyer experienced in will disputes. In this meeting, they’ll gain an understanding of your relationship with the deceased, review the likely size and structure of the estate, and explore whether your concerns have a solid legal basis. They will also flag any potential complications and outline the expected process, costs, and timeframes.
This early advice is essential. While a will may feel unfair, not every situation amounts to a strong legal claim, and a good lawyer will tell you clearly whether it’s worth pursuing. |
2. Evidence gathering | If you decide to pursue a claim, your lawyer helps gather necessary evidence:
For validity challenges, additional evidence may include medical records regarding the deceased’s mental state, witness statements about suspicious circumstances or undue influence, or expert handwriting analysis if forgery is alleged. |
3. Filing the application | Your lawyer prepares and files an application with the Supreme Court of Victoria. For family provision claims, this application sets out your relationship with the deceased, why you’re an eligible person, the moral duty owed to you, why the will’s provision is inadequate, and what provision you believe should be made.
The application must be served on the executor and other interested parties, formally notifying them of your claim. |
4. Negotiation and mediation | Most Victorian will disputes will resolve without going to trial. After applications are filed and evidence is exchanged, parties often engage in negotiation or mediation.
The Supreme Court of Victoria actively encourages mediation in estate disputes, contributing to the generally high success rate of contesting a will in Victoria. A neutral mediator helps parties explore settlement possibilities in a less adversarial environment than court.
Settlement discussions weigh factors such as the strength of each party’s case, the costs and risks of proceeding to trial, the emotional toll of ongoing litigation, and the relationships between family members. |
5. Court proceedings | When settlement proves impossible, your matter proceeds to trial before a judge. Both sides present evidence through witness testimony, affidavits, and expert reports. After hearing all the evidence, the judge determines what constitutes adequate provision. |
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Common challenges in Victorian will disputes
Various obstacles may appear when contesting a will in Victoria.
| Challenge | How your lawyer will overcome it |
| Estrangement from the deceased |
Being estranged doesn’t automatically bar you from claiming, but it complicates matters. Courts examine who initiated the estrangement, whether reconciliation attempts were made, and whether the estrangement was based on reasonable grounds.
To overcome estrangement issues, demonstrate you made reconciliation efforts, show the estrangement resulted from the deceased’s actions without good reason, or prove that despite estrangement, you have genuine needs and no alternative support. |
| Lifetime gifts and support | Executors sometimes argue that substantial gifts during the deceased’s lifetime satisfy any moral obligation. However, Victorian courts recognise that lifetime gifts don’t necessarily fulfil ongoing obligations, particularly if your circumstances have changed since receiving those gifts. |
| Small estates | In small estates, courts carefully consider whether making provision for you would substantially diminish what other beneficiaries receive, particularly if those beneficiaries also have legitimate needs or close relationships with the deceased. |
| Claims the will is ‘fair enough’ | Just because a will seems generally fair doesn’t mean it makes adequate provision for you specifically. Courts assess adequacy based on your particular circumstances and the moral duty owed to you, not merely whether the distribution seems equitable across all beneficiaries. |
Costs of contesting a will in Victoria
Understanding the potential costs of a will dispute is crucial before starting the process.
Legal costs
Legal fees vary depending on the complexity of your case, whether it resolves early or proceeds to trial, and the experience of your lawyer. As a guide, straightforward disputes that settle early may cost between $15,000 and $35,000, while complex matters that go to trial will be far more costly.
These costs sit alongside disbursements such as court filing fees, mediation fees, expert reports, and other out-of-pocket expenses. At GMP Law, we run our claims on a No Win No Fee basis, meaning you only pay legal fees if your claim succeeds.
Who pays?
In Victorian family provision claims, the court has wide discretion in awarding costs. Often, if the claim was reasonably brought, both parties’ reasonable legal costs may be paid from the estate, regardless of the final outcome.
However, if a claim is found to be weak, unreasonable, or brought in bad faith, the court may order you to pay your own costs and the other parties’ costs.
For validity challenges, the usual rule applies more strictly: the losing party typically pays the winner’s costs, making these disputes financially riskier.
Lawyer tip
Before starting a will dispute, obtain a detailed costs estimate from your lawyer and discuss costs agreements thoroughly. Understand not just what you’ll pay your own lawyer, but also your potential exposure to adverse costs if your claim fails. This financial reality should inform whether pursuing the claim makes practical sense.
