How long does it take to contest a will?

The time it takes to resolve a will contest varies depending on whether it settles or goes to trial, the complexity of issues involved, and the court’s schedule. Simple cases settling through negotiation may resolve in six to 12 months from filing. Complex cases proceeding to trial typically take 18 to 36 months or longer. This is separate from how long you have to file your initial claim. Limitation periods specify when you must start the process, not how long the process itself takes.

Can you contest a will after 12 months?

Whether you can contest a will after 12 months depends on your state’s rules and the court’s willingness to grant an extension. In NSW, where the standard limitation period is 12 months from the date of death, any late application requires court approval and a demonstration of sufficient cause for the delay. In states with a six-month period from probate, 12 months after death might still fall within the limitation period if probate was only recently granted. The key is to seek legal advice as soon as possible, regardless of how much time has passed. While late applications can be challenging, they are not necessarily impossible, and a lawyer can assess your options based on your circumstances. At GMP Law, we offer free initial consultations and operate on a No Win No Fee basis. Our team can help you understand your options. Contact us at our offices in Sydney , across NSW, Brisbane , Melbourne , and throughout Australia.

How long can contesting a will take?

Contesting a will typically takes 12 to 24 months from when you file your application to final resolution, though this varies significantly. Cases settling through early negotiation might resolve in six to 12 months. Cases requiring mediation generally take 12 to 18 months. Complex cases proceeding to trial can take 24 to 36 months or longer. Factors affecting duration include court backlogs, complexity of estate assets, number of competing claimants, and whether parties negotiate reasonably or take adversarial approaches. Your lawyer can provide estimates based on your jurisdiction’s typical timelines and your case’s specific circumstances.

How long should you wait to contest a will?

You shouldn’t wait at all to contest a will. While limitation periods provide the maximum time you have to file, waiting until deadlines approach creates serious risks. These include: Evidence being lost Witnesses becoming unavailable Estates being distributed, making asset recovery difficult Weakened negotiating positions Rushed preparation of applications Inadequate time for investigation and expert engagement The optimal approach is consulting will dispute lawyers within weeks of learning about concerning will provisions, allowing adequate time to assess your case, gather evidence, and file applications well before deadlines expire.

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How long do you have to contest a will? Understanding the time limits

Written by: David Cossalter
17 December 2025
Read time: 12m

When you discover that a loved one’s will doesn’t adequately provide for you, or you believe there are grounds to challenge its validity, one of the most critical questions you face is: how long do I have to take action?

Time limits for contesting a will in Australia are strictly enforced. Missing a deadline will usually result in the permanent loss of your right to challenge the will, no matter how strong your case may be. Understanding the specific time limits that apply in your state is essential to protecting your rights and preserving your ability to seek fair provision from the estate.

This December 2025 guide explains when the clock starts ticking, the key deadlines you need to be aware of, and the steps you must take before time runs out.

Why time limits matter when contesting a will

Time limits serve important purposes in estate administration. They provide certainty for executors who need to know when they can safely distribute estate assets to beneficiaries, protect beneficiaries from indefinite uncertainty about their inheritances, and encourage people with legitimate claims to act promptly rather than delaying while evidence deteriorates and memories fade.

Courts take these limitation periods seriously. Unlike some legal deadlines that might be extended relatively easily, extensions for contesting wills are granted only in exceptional circumstances. Most judges recognise that the certainty and finality that time limits provide are crucial to efficient estate administration.

What are the consequences of missing a deadline?

The consequences of missing deadlines are severe and usually permanent.

If you file your family provision claim or challenge to the will’s validity after the limitation period expires, courts will typically dismiss your case without considering its merits. It doesn’t matter if you would have succeeded had you filed on time; once the deadline passes, your opportunity is generally lost forever.

Additionally, even if you’re within the limitation period, delays create practical problems.

Executors may have already distributed estate assets to beneficiaries, making it difficult or impossible to recover funds even if you ultimately succeed. Evidence may be lost, witnesses may become unavailable, and your credibility may be questioned when you’ve waited months or years before raising concerns.

Time limits for contesting wills are among the strictest deadlines in Australian law. Don't assume you have plenty of time or that extensions are routine. The moment you have concerns about a will's adequacy or validity, seek legal advice immediately to understand your specific deadline and preserve your rights.

Key Takeaway

Time limits by state and territory

How long you have to challenge a will depends on which Australian state or territory administered the estate. Each jurisdiction has its own limitation period and rules about when the clock starts ticking.

New South Wales

In NSW, you have 12 months from the date of death to file a family provision claim under the Succession Act 2006. This is one of the more generous timeframes in Australia, and the clock starts from when the person died, not when probate is granted.

The 12-month period applies regardless of when you learned about the death or the will’s contents. If you were estranged from the deceased and only discovered their death months later, you may have already lost significant time from your limitation period.

Courts can grant extensions under section 58(2) of the Succession Act, but you must demonstrate:

Sufficient cause for the delay
That the estate has not been fully distributed
That granting an extension wouldn’t prejudice beneficiaries who have relied on the original timeline

Victoria

Victoria imposes a 6-month time limit from the date probate is granted under the Administration and Probate Act 1958. This is one of the shorter limitation periods, and because it runs from probate rather than death, you need to monitor when probate is granted to know your deadline.

Grants of probate are public records searchable through the Supreme Court. However, if you’re not actively checking, you might not learn that probate has been granted until a significant time has passed.

Extensions require court approval and are granted only when the court is satisfied that:

Sufficient reasons exist for the delay
Adequate provision was not made for the applicant
The distribution of the estate hasn’t occurred in a way that would make an extension unjust

Queensland

Queensland has a more complex timeline structure under the Succession Act 1981:

You must give written notice of your intention to apply within 6 months of death
The actual family provision application must be filed within 9 months of death

The notice requirement is crucial. Even if you file your application within nine months, failing to provide the required six-month notice can be fatal to your claim. The notice must be given to the executor or administrator of the estate.

If the estate hasn’t been distributed, notice can be given after the six-month period, and the executor must pause distribution to allow the claim to be addressed. However, you still face the hard nine-month deadline for filing the actual application.

South Australia

South Australia provides a six-month period from the grant of probate under the Succession Act 2023. Like Victoria, this means monitoring when probate is granted to know your deadline.

Courts may allow late applications, but if the estate has already been distributed to beneficiaries, recovering assets becomes extremely difficult or impossible, effectively ending your chance of receiving provision regardless of your claim’s merits.

Western Australia

WA imposes a six-month limit from the date probate is granted under the Family Provision Act 1972. The court has discretion to consider late applications, but this requires demonstrating compelling reasons for the delay.

Tasmania

Tasmania has the strictest time limit in Australia, just three months from the grant of probate under the Wills Act 2008. This exceptionally short period means you must act with extreme urgency once probate is granted.

Given this compressed timeline, Tasmanians who may be considering a will dispute should consult an estate lawyer as soon as they become aware of the death. Early advice—ideally even before probate is granted—can help ensure you’re prepared to act quickly once probate occurs.

Northern Territory

The NT allows 12 months from the grant of probate under the Family Provision Act 1970, making it one of the more generous limitation periods. However, the standard cautions about acting promptly still apply.

Australian Capital Territory

The ACT provides six months from the grant of probate under the Family Provision Act 1969. Courts may extend this period if sufficient cause is shown for the delay.

The limitation period varies significantly across Australia, from just three months in Tasmania to 12 months in NSW and NT. If you're dealing with an estate in a state where you don't live, don't assume the local rules you're familiar with apply. Verify the specific time limit that governs your situation immediately.

Key Takeaway

When does the time limit start?

Understanding when the clock starts ticking is as important as knowing how long the time limit is. The starting point varies by jurisdiction and can create confusion if you’re not careful.

Death date vs probate date

States fall into two camps regarding when limitation periods begin:

When the time limit begins	States that follow this rule	Details
Date of death	New South Wales, Queensland	The clock starts ticking from when the person died, regardless of when probate is granted or when you learned about the death. This provides certainty, but can be harsh if you weren’t promptly made aware of the death.
Date of probate	Victoria, South Australia, Western Australia, ACT, Tasmania, Northern Territory	The limitation period begins when probate is formally granted by the court. This gives potential claimants more actual time in cases where probate is delayed, but it requires monitoring probate registries to know when the clock starts.

When you learned of the death

Most jurisdictions don’t adjust limitation periods based on when you personally became aware of the death, even if you were estranged from the deceased or had no way of knowing they had died.

However, courts do consider late discovery when deciding whether to grant extensions. If you genuinely couldn’t have known about the death earlier despite reasonable efforts, this strengthens extension applications. However, it doesn’t guarantee success.

Calculating the deadline accurately

Determining your exact deadline requires careful calculation. If the limitation period is measured in months, count forward from the relevant date (death or probate) by the number of months specified. For example, if someone died on January 15 and you have 12 months, your deadline is January 15 of the following year.

If the deadline falls on a weekend or public holiday, most court rules extend it to the next business day, but verify this with your specific court’s rules. Don’t risk missing a deadline based on assumptions.

Given the complexity and stakes involved, have a lawyer calculate your deadline rather than relying on your own calculations. A mistake could cost you your entire claim.

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Steps to take before the deadline

Once you understand your time limit to challenge a will, taking prompt, strategic action maximises your chances of success.

1. Seek legal advice immediately

The single most important step is consulting will dispute lawyers as soon as you have concerns about a will. Initial consultations are typically free (including those at GMP Law), and lawyers can quickly assess whether you have grounds for a challenge, calculate your precise deadline, and advise on urgent steps.

Don’t wait to “think about it” or gather information on your own first. The clock is already ticking, and lawyers need adequate time to investigate your case, obtain records, engage experts, and prepare documents before the deadline.

2. Gather essential documents

Start collecting key documents, including:

The deceased’s will (if you have access)
Probate documents, if granted
Your own financial records demonstrating your circumstances
Evidence of your relationship with the deceased
Records of any contributions you made to their care or estate

Your lawyer will need these to assess your case and prepare applications, so gathering them early prevents last-minute scrambling before deadlines.

3. Notify the executor

In Queensland, you must give formal written notice to the executor within six months of the deceased’s death. This requirement is separate from lodging your court application. In other states, while notice is not always mandatory, informing the executor of your intention to make a claim is generally recommended.

Early notice can help prompt settlement discussions before court proceedings are necessary. It also puts the executor on notice not to distribute the estate until your claim is resolved.

4. Apply for a probate stay, if necessary

If you’re challenging the will’s validity itself (rather than just seeking better provision), your lawyer may need to apply to prevent or pause probate. This stops the executor from distributing assets while your challenge is being determined.

These applications must be filed quickly, as once probate is granted and distribution occurs, recovering assets becomes extremely difficult.

Learn more: Unsuccessful cases of contesting a will

5. Consider settlement opportunities

Many will disputes settle without going to court.

Even before filing formal applications, your lawyer may negotiate with the executor or beneficiaries to reach an agreement that avoids litigation costs and time.

However, don’t let settlement negotiations cause you to miss filing deadlines. Continue preparing court documents even while settlement discussions occur, and file applications before deadlines expire if a settlement hasn’t been reached.

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What if you miss the deadline?

Missing the time limit to contest a will has serious consequences, but the situation isn’t always completely hopeless. Understanding your limited options helps you assess whether pursuing an extension is worthwhile.

Applying for an extension

Courts have discretion to extend time limits in most jurisdictions, but extensions are exceptional rather than routine.

You’ll need to demonstrate:

1. Sufficient cause for the delay	You must show compelling reasons for not filing on time, such as only recently discovering the death, experiencing mental health issues that prevented timely action, or facing circumstances beyond your control.
2. Strength of your underlying claim	Courts are more likely to grant an extension where the claim appears strong and has real prospects of success.
3. Limited prejudice to beneficiaries	Extensions are more likely if the estate has not yet been distributed, or if allowing more time would not significantly disadvantage the beneficiaries.
4. Prompt action once you became aware	If you acted quickly after becoming aware of the deadline, this supports an extension. Delays after that point can seriously weaken your application.

Even with strong reasons, extensions aren’t guaranteed. Some judges take a strict view that limitation periods must be enforced to provide certainty in estate administration.

Challenges when assets are distributed

If the executor has already distributed estate assets to beneficiaries before you file your claim, recovering those assets becomes extremely difficult. Beneficiaries who received an inheritance in good faith are often protected from having to return it, even if a late family provision claim would have succeeded.

This reality makes acting before distribution occurs crucial. Once assets are in beneficiaries’ hands, your practical ability to obtain provision may be lost even if a court technically grants you an extension.

Alternative remedies

If you’ve missed limitation periods for family provision claims, consider whether alternative legal remedies might apply:

Promissory estoppel	If the deceased made a clear promise to provide for you in exchange for services, support, or other consideration, you may have a claim independent of family provision legislation.
Constructive trust	In certain situations, courts may recognise that assets should be held on trust for you based on contributions you made or agreements with the deceased.
Undue influence or capacity challenges	Challenging the validity of the will itself—on grounds such as undue influence or lack of capacity—may be possible. The limitation periods for these claims can differ from family provision claims, and in some cases, may allow action even after the standard time limits have passed.

These alternatives are complex and succeed only in limited circumstances, but they may provide options when family provision claims are time-barred.

While extensions are theoretically possible, don't rely on obtaining one. Courts grant them sparingly, and the uncertainty, additional legal costs, and weakened negotiating position that come with filing late often outweigh any benefits. The far better approach is treating published time limits as absolute deadlines and acting well before they expire.

Important note

Next steps with GMP Law

At GMP Law, we offer No Win, No Fee representation, so you won’t pay legal fees unless your claim is successful. If you believe you’ve been affected by medical negligence, acting early can make a real difference.

Here’s how to get started:

Frequently Asked Questions about time limits to contest a will

How long does it take to contest a will?

The time it takes to resolve a will contest varies depending on whether it settles or goes to trial, the complexity of issues involved, and the court’s schedule.

Simple cases settling through negotiation may resolve in six to 12 months from filing. Complex cases proceeding to trial typically take 18 to 36 months or longer. This is separate from how long you have to file your initial claim. Limitation periods specify when you must start the process, not how long the process itself takes.
Can you contest a will after 12 months?

Whether you can contest a will after 12 months depends on your state’s rules and the court’s willingness to grant an extension. In NSW, where the standard limitation period is 12 months from the date of death, any late application requires court approval and a demonstration of sufficient cause for the delay.

In states with a six-month period from probate, 12 months after death might still fall within the limitation period if probate was only recently granted. The key is to seek legal advice as soon as possible, regardless of how much time has passed. While late applications can be challenging, they are not necessarily impossible, and a lawyer can assess your options based on your circumstances.

At GMP Law, we offer free initial consultations and operate on a No Win No Fee basis. Our team can help you understand your options. Contact us at our offices in Sydney, across NSW, Brisbane, Melbourne, and throughout Australia.
How long can contesting a will take?

Contesting a will typically takes 12 to 24 months from when you file your application to final resolution, though this varies significantly. Cases settling through early negotiation might resolve in six to 12 months. Cases requiring mediation generally take 12 to 18 months. Complex cases proceeding to trial can take 24 to 36 months or longer.

Factors affecting duration include court backlogs, complexity of estate assets, number of competing claimants, and whether parties negotiate reasonably or take adversarial approaches. Your lawyer can provide estimates based on your jurisdiction’s typical timelines and your case’s specific circumstances.
How long should you wait to contest a will?
You shouldn’t wait at all to contest a will. While limitation periods provide the maximum time you have to file, waiting until deadlines approach creates serious risks. These include:
- Evidence being lost
- Witnesses becoming unavailable
- Estates being distributed, making asset recovery difficult
- Weakened negotiating positions
- Rushed preparation of applications
- Inadequate time for investigation and expert engagement
The optimal approach is consulting will dispute lawyers within weeks of learning about concerning will provisions, allowing adequate time to assess your case, gather evidence, and file applications well before deadlines expire.

About the Author

David Cossalter

Managing Partner

As GMP Law's Managing Partner, David Cossalter is a seasoned legal expert specialising in complex personal injury cases. With over 20 years of experience, he prioritises client care while delivering exceptional results. He focuses on Wills and Estates litigation, Class Actions, and Public Liability.

Learn more about David Cossalter

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