How common is it for siblings to fight over inheritance?

Disputes over estates are common in Australia, especially when family members feel they have been unfairly treated. Over half of contested estates involve family provision claims, and 63% of contested wills are brought by children of the deceased , indicating that siblings and close relatives are often involved in inheritance disputes. Learn more: Can family contest a will?

What are the chances of contesting a will and winning?

Success rates vary depending on the type of challenge and strength of evidence. Research shows that about 74% of contested wills in Australia result in a change to the estate distribution once the claim is properly brought, including through mediation or court orders. Success often means the terms of the will are altered rather than every outcome you seek being achieved. Your specific chances depend on factors including your eligibility, the evidence of financial need, the size of the estate, competing claims, and the quality of legal representation.

What are common reasons contesting a will fails in Australia?

Contesting a will may be unsuccessful for several reasons, including: Not meeting the legal criteria to be considered an eligible person under succession legislation Insufficient evidence showing financial need or a moral obligation to provide more Failing to file within the strict time limits that apply Inadequate evidence to support claims about capacity, undue influence, or other validity grounds The court finding that the will’s provisions were adequate given your circumstances and needs These factors often outweigh emotional perceptions of unfairness if they aren’t backed by legal criteria or evidence.

What happens if someone dies without a will in Australia?

If a person dies without a valid will, they are said to have died intestate. In these cases, their estate is distributed according to intestacy laws set out in each state or territory, rather than according to personal wishes. These rules determine who inherits, in what order, and in what proportions. Generally, spouses, de facto partners, and children are prioritised, but the outcome can differ significantly depending on family circumstances. For example, if there is a spouse and children from a previous relationship, the estate may be divided between them under a statutory formula. If there are no close relatives, the estate can ultimately pass to the state government. Intestacy often leads to outcomes the deceased would not have intended and can increase the risk of disputes between family members. If a loved one has died without a will, or you believe the intestacy rules do not adequately provide for you, legal advice can help you understand your entitlements and whether you can make a claim against the estate. Learn more: What happens if you die without a will in Australia?

How successful are people at contesting a will?

Success varies widely depending on the strength of your case and the type of claim. While family provision claims often result in changes to estate distribution, challenges to the validity of a will — such as claims of undue influence or lack of capacity — succeed far less frequently. The outcome also depends on factors like the quality of evidence, the number of competing claimants, and the estate’s size. Careful preparation and guidance from a specialist estate lawyer can significantly improve your chances and help you avoid pursuing claims with little likelihood of success. We service clients Australia‑wide, and have offices in Brisbane , Sydney , and Melbourne . If you’re considering contesting a will, contact us to explore your claim and discuss your options.

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Unsuccessful cases of contesting a will: What mistakes to avoid

Written by: David Cossalter
30 December 2025
Read time: 13m

Contesting a will requires meeting strict legal criteria, presenting compelling evidence, and navigating complex procedures within tight timeframes. While many legitimate claims succeed—either through negotiated settlements or court orders—understanding why some cases fail helps you avoid common pitfalls that can doom otherwise meritorious challenges.

Learning from unsuccessful cases of contesting a will will help you to assess your prospects realistically, strengthen your case before proceeding, and make informed decisions about whether pursuing a challenge serves your interests. This December 2025 guide examines the most common reasons will contests fail and provides practical strategies to avoid these mistakes.

Why do will contests fail?

Will contests fail for various reasons, but certain patterns recur across unsuccessful cases. Understanding these failure points helps you assess whether your potential claim has the necessary elements for success.

1. Insufficient evidence of eligibility

The most fundamental requirement for contesting a will through a family provision claim is proving you’re an eligible person under your state’s succession legislation. Many unsuccessful cases of contesting a will fail at this threshold because claimants cannot demonstrate:

Financial dependence on the deceased
Membership in the deceased’s household
A moral obligation the deceased owed to provide for them
A qualifying relationship as defined by statute

Example of failure

An adult sibling attempts to contest their parent’s will. They:

Are financially independent
Lived separately from the deceased
Had minimal contact for years
Received no financial support

The court finds they don’t qualify as an eligible person because they cannot prove dependency or that the deceased owed them a moral obligation to provide, resulting in their claim being dismissed at the preliminary stage.

Simply being related to the deceased—even as a child—doesn’t automatically make you eligible if you were financially self-sufficient and not dependent on the testator.

2. Weak capacity challenges

Challenging a will based on lack of testamentary capacity requires proving the deceased didn’t understand what they were doing when making their will.

Many of these challenges fail because:

Medical evidence doesn’t support claims of incapacity at the relevant time
The will was prepared with proper legal advice and supervision
Evidence shows the deceased understood their estate and family obligations
Witnesses observed that the deceased appeared mentally capable

What courts look for

Evidence that the deceased:

Didn’t know the nature and extent of their property
Didn’t understand who might have claims on their estate
Couldn’t comprehend the will’s effect
Suffered from delusions affecting their judgment

Merely showing the deceased was elderly, forgetful, or made decisions you consider irrational doesn’t prove a lack of capacity. Courts recognise people can make unusual or seemingly unfair decisions while still possessing legal capacity.

3. Failed undue influence claims

Undue influence claims—alleging someone improperly pressured or manipulated the deceased into making their will—face high evidentiary burdens.

Common reasons these claims fail include:

Inability to prove coercion beyond showing someone had influence over the deceased
Evidence that the deceased received independent legal advice
Lack of proof that the will’s provisions wouldn’t have been made but for the influence
Credible explanations for the deceased’s decisions that don’t involve undue influence

Influence only becomes when it overpowers the deceased's free will. Persuading, advising, or even encouraging someone to make a particular decision doesn't constitute undue influence unless it involves coercion, fraud, or exploitation of vulnerability.

Legal insight

4. Inadequate proof of financial need

Even if you’re an eligible person, family provision claims can fail if you cannot convincingly demonstrate financial need warranting additional provision from the estate.

Courts reject claims where:

The claimant has substantial assets and income
The claimant’s financial difficulties result from poor choices rather than genuine hardship
The provision made in the will is adequate given the claimant’s circumstances
Other beneficiaries have greater needs competing for limited estate resources

The key principle of family provision claims

Family provision law aims to ensure adequate provision for those with genuine need, not to redistribute estates according to what claimants feel is “fair” or to reward them for perceived emotional entitlements.

The most common reason unsuccessful cases of contesting a will in NSW and across the rest of Australia fail isn’t that the law is unfair. It’s because claimants are unable to prove the essential elements that the courts require. Understanding what you must establish before starting a claim can strengthen your case or help you recognise early when pursuing a challenge is unlikely to be worthwhile.

Key takeaway

Common strategic mistakes that lead to failure

Beyond lacking legal merit, will contests often fail due to strategic errors in how claims are pursued, even when the underlying grounds for challenge have legitimacy.

1. Missing critical deadlines

Time limits for contesting a will are strict. If you miss the deadline, you can usually lose your right to make a claim, even if your case is otherwise strong.

Common timing failures include:

Waiting too long to seek advice	Even if the limitation period hasn’t expired, delays create problems when evidence is lost or the estate has been distributed.
Misunderstanding when time starts running	Some claimants incorrectly believe the limitation period begins when they learned of the will’s contents rather than when the deceased died or probate was granted.
Assuming extensions are routine	While courts have discretion to extend time limits, extensions are exceptional and require compelling reasons.

State-specific deadlines:

ACT	6 months from grant of probate or administration
NSW	12 months from the grant of probate or administration
NT	12 months from the grant of probate or administration
QLD	9 months from the grant of probate or administration
SA	6 months from grant of probate or administration
TAS	3 months from grant of probate or administration
VIC	6 months from the grant of probate or administration
WA	6 months from the grant of probate or administration

The later you start, the weaker your position in negotiations and the fewer options available for strategic case preparation.

Key Takeaway

2. Inadequate legal representation

Using general lawyers without estate expertise

Success requires understanding family provision legislation, case law on adequate provision, and the specific practices of probate courts.

Self-representation

While possible, self-represented litigants face significant disadvantages, including:

Unfamiliarity with procedural requirements
Difficulty obtaining and presenting expert evidence
Challenges in negotiating effectively with experienced estate lawyers
Risk of making irreversible strategic errors

Engaging lawyers too late

When lawyers receive cases shortly before limitation periods expire, they lack time to investigate properly, gather necessary evidence, or engage experts, forcing them to proceed on incomplete preparation.

3. Insufficient evidence gathering

Successful will contests depend on comprehensive evidence supporting every element of your claim. Cases fail when claimants:

Don’t obtain independent financial evidence documenting their circumstances
Fail to secure medical reports supporting claims about their needs or the deceased’s capacity
Cannot produce documentation of their relationship with the deceased
Lack evidence of contributions they made to the deceased’s wellbeing or estate
Don’t gather evidence about the estate’s size and the adequacy of provisions for competing beneficiaries

Expert evidence is crucial. Courts rely heavily on independent expert testimony from medical professionals, financial advisors, and vocational specialists. Cases proceeding without proper expert support rarely succeed against well-defended estates.

4. Poor negotiation strategies

Most will disputes settle rather than proceeding to trial, making negotiation skills critical. Strategic failures include:

Making unrealistic demands that prevent good faith negotiation
Refusing reasonable settlement offers and ultimately receiving less at trial
Negotiating without understanding the estate’s true value or other beneficiaries’ circumstances
Failing to consider litigation costs that may exceed additional amounts you might win at trial
Allowing emotional factors rather than financial analysis to drive decisions

Experienced estate lawyers help clients navigate the tension between seeking maximum provision and accepting reasonable settlements that avoid trial costs and risks.

GMP Law service clients Australia‑wide, and have offices in Brisbane, Sydney, and Melbourne. If you’re considering contesting a will, contact us to explore your claim and discuss your options.

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What happens if you lose a will contest?

Understanding the consequences of unsuccessful cases of contesting a will helps you assess whether the potential benefits justify the risks involved. These can include financial costs, strain on family relationships, and significant emotional and psychological stress.

Cost consequences

If your will challenge is unsuccessful, you could be ordered to cover not only your own legal costs but also the estate’s expenses in defending your claim. In complex cases, this can run into tens or even hundreds of thousands of dollars.

Where a claim is brought reasonably and in good faith, courts may order that legal costs—particularly in family provision claims—be paid from the estate, even if the matter proceeds to court. However, this is discretionary and depends on the conduct of the parties and the circumstances of the case.

Many estate lawyers, including our team at GMP Law, offer No Win No Fee arrangements for family provision claims. In successful claims, legal costs are commonly paid out of the estate rather than by you personally, reducing the financial risk of pursuing a legitimate claim.

Impact on family relationships

Failed will contests can cause lasting harm to family bonds. Some considerations include:

Siblings or other close family members may never forgive you for challenging the will
Prolonged litigation can leave lingering resentment, even after the case ends
Family gatherings may become strained or impossible
Relationships with nieces, nephews, and other extended family members can deteriorate

These relationship costs exist even in successful challenges, but they are especially painful when the case fails, leaving no tangible outcome to offset the family strain.

Psychological toll

Unsuccessful will challenges can take a serious emotional toll, including:

Disappointment and grief over not receiving the provision you expected
Feelings of rejection or betrayal, amplified when the court upholds the will
Stress and anxiety caused by prolonged uncertainty during litigation
Regret over the time, energy, and emotional investment in a challenge that did not succeed

Before pursuing a will contest, honestly assess not just your legal prospects but also your emotional capacity to handle an unsuccessful outcome and its consequences. Sometimes accepting an imperfect will proves less damaging than a failed challenge.

Legal insight

How hard is it to win a contested will?

The difficulty of contesting a will depends on the type of challenge and the strength of your evidence. Some claims, like family provision disputes, have relatively high success rates, while challenges to a will’s validity are generally more difficult. NSW accounts for the majority of contested wills in Australia.

Family provision claim success rates

These claims—where an eligible person argues they were not adequately provided for—tend to have more favourable outcomes:

Around 74% of properly pleaded claims result in increased provision through settlement or court orders
“Success” often means receiving more than what the will provided, but not necessarily everything sought
Cases with clear financial need and few competing claims are more likely to succeed
Claims against wills that already adequately provide face greater challenges

Validity challenge success rates

Challenges based on undue influence are relatively rare and difficult to prove.

In New South Wales in 2011, 11 out of 87 estates (around 13%) included a validity claim alleging undue influence. Across Australia, validity challenges—including undue influence, capacity, and improper execution—were made in 43 out of 196 estates (around 22%). This shows that while such claims occur in multiple jurisdictions, they are far less common than family provision disputes, which make up the majority of contested will cases.

Many validity challenges fail early, during preliminary assessments of the evidence.

Factors affecting difficulty

What makes cases harder	What makes cases easier
Large estates with multiple beneficiaries, particularly when they are represented by experienced lawyers Wills that are well-drafted, with proper legal advice and correct execution formalities Deceased persons who clearly documented the reasons for their decisions Claimants who already have sufficient independent means or who received significant lifetime gifts Long periods of estrangement from the deceased without compelling explanations	Clear evidence that you were financially dependent on the deceased or in genuine need Wills prepared recently when the deceased’s mental capacity was questionable Evidence that you were treated unequally without reasonable justification Modest estates where adequate provision for all eligible people is feasible Executors who are willing to negotiate reasonably rather than contesting rigidly

What makes cases harder

What makes cases easier

Large estates with multiple beneficiaries, particularly when they are represented by experienced lawyers
Wills that are well-drafted, with proper legal advice and correct execution formalities
Deceased persons who clearly documented the reasons for their decisions
Claimants who already have sufficient independent means or who received significant lifetime gifts
Long periods of estrangement from the deceased without compelling explanations

Clear evidence that you were financially dependent on the deceased or in genuine need
Wills prepared recently when the deceased’s mental capacity was questionable
Evidence that you were treated unequally without reasonable justification
Modest estates where adequate provision for all eligible people is feasible
Executors who are willing to negotiate reasonably rather than contesting rigidly

Find out how much you can claim today

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Mistakes to avoid when contesting a will

Learning from common errors in unsuccessful cases of contesting a will helps you strengthen your approach and avoid pitfalls that doom otherwise legitimate challenges.

Don't delay seeking advice

The mistake	Why it fails	What to do instead
Waiting months after learning about the will before consulting lawyers, assuming you have plenty of time to decide	Evidence disappears, witnesses’ memories fade, limitation periods creep closer, and you lose strategic advantages in negotiations	Consult an estate lawyer within weeks of learning about the will’s contents, even if you haven’t yet decided whether to proceed. At GMP Law we offer free initial consultations and provide a clear understanding of your options without any obligation

Don't proceed without expert evidence

The mistake	Why it fails	What to do instead
Attempting to contest a will based solely on your own testimony about your circumstances, relationship with the deceased, or their mental state	Courts require independent expert corroboration of key claims, particularly regarding financial need, the deceased’s testamentary capacity, and the adequacy of provision	Work with your lawyer to identify the necessary experts early. These typically include: Financial advisers or accountants to assess your financial circumstances Medical professionals to evaluate testamentary capacity Vocational experts where reduced earning capacity is being claimed

Don't make emotional rather than strategic decisions

The mistake	Why it fails	What to do instead
Refusing reasonable settlement offers because of anger at perceived unfairness, pursuing litigation to punish beneficiaries you feel don’t deserve the inheritance, or making unrealistic demands driven by feelings rather than legal analysis	Emotional decision-making leads to rejecting settlements you should accept, incurring unnecessary legal costs, and ultimately receiving less than you would have through compromise	Separate emotional responses from strategic decisions by relying on your lawyer’s objective assessment of reasonable outcomes. Weigh the total costs—both financial and emotional—against the likely benefits of continuing the litigation

Don't underestimate the estate's defence

The mistake	Why it fails	What to do instead
Assuming executors or beneficiaries will settle easily or that courts will automatically favour your position because you feel entitled to more	Estates have resources to mount sophisticated defences, executors have fiduciary duties to defend wills, and beneficiaries fight hard to protect their interests	Approach will contests with the understanding that they are genuine legal disputes. Success depends on thorough preparation, compelling evidence, and a realistic assessment of your prospects—not on assumptions that your position is obviously correct

Don't ignore limitation periods

The mistake	Why it fails	What to do instead
Assuming you can always get extensions if you miss deadlines, or believing limitation periods are guidelines rather than strict requirements	Courts rarely extend time limits, and missing deadlines typically results in permanent loss of rights regardless of your claim’s merit	Treat limitation periods as absolute deadlines. Seek legal advice immediately upon learning of the will, and ensure your lawyer files necessary documents well before deadlines to avoid last-minute problems

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 unsuccessful cases of contesting a will

How common is it for siblings to fight over inheritance?

Disputes over estates are common in Australia, especially when family members feel they have been unfairly treated. Over half of contested estates involve family provision claims, and 63% of contested wills are brought by children of the deceased, indicating that siblings and close relatives are often involved in inheritance disputes.

Learn more: Can family contest a will?
What are the chances of contesting a will and winning?

Success rates vary depending on the type of challenge and strength of evidence. Research shows that about 74% of contested wills in Australia result in a change to the estate distribution once the claim is properly brought, including through mediation or court orders.

Success often means the terms of the will are altered rather than every outcome you seek being achieved. Your specific chances depend on factors including your eligibility, the evidence of financial need, the size of the estate, competing claims, and the quality of legal representation.
What are common reasons contesting a will fails in Australia?
Contesting a will may be unsuccessful for several reasons, including:
- Not meeting the legal criteria to be considered an eligible person under succession legislation
- Insufficient evidence showing financial need or a moral obligation to provide more
- Failing to file within the strict time limits that apply
- Inadequate evidence to support claims about capacity, undue influence, or other validity grounds
- The court finding that the will’s provisions were adequate given your circumstances and needs
These factors often outweigh emotional perceptions of unfairness if they aren’t backed by legal criteria or evidence.
What happens if someone dies without a will in Australia?

If a person dies without a valid will, they are said to have died intestate. In these cases, their estate is distributed according to intestacy laws set out in each state or territory, rather than according to personal wishes. These rules determine who inherits, in what order, and in what proportions.

Generally, spouses, de facto partners, and children are prioritised, but the outcome can differ significantly depending on family circumstances. For example, if there is a spouse and children from a previous relationship, the estate may be divided between them under a statutory formula. If there are no close relatives, the estate can ultimately pass to the state government.

Intestacy often leads to outcomes the deceased would not have intended and can increase the risk of disputes between family members. If a loved one has died without a will, or you believe the intestacy rules do not adequately provide for you, legal advice can help you understand your entitlements and whether you can make a claim against the estate.

Learn more: What happens if you die without a will in Australia?
How successful are people at contesting a will?

Success varies widely depending on the strength of your case and the type of claim. While family provision claims often result in changes to estate distribution, challenges to the validity of a will — such as claims of undue influence or lack of capacity — succeed far less frequently. The outcome also depends on factors like the quality of evidence, the number of competing claimants, and the estate’s size. Careful preparation and guidance from a specialist estate lawyer can significantly improve your chances and help you avoid pursuing claims with little likelihood of success.

We service clients Australia‑wide, and have offices in Brisbane, Sydney, and Melbourne. If you’re considering contesting a will, contact us to explore your claim and discuss your options.

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.

Why choose GMP Law for your personal injury claim

Proven track record

With 35 years of experience, we have successfully represented clients in personal injury cases across Australia, including:

35,000 victories and counting
$4 billion in claims won
Successful verdicts in contested court proceedings
Recognition from peers for our expertise in this field.

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The team at GMP® recognise the physical, emotional, and financial toll that injuries have on individuals and their families.

Our commitment to our clients includes:

Free initial consultations to assess potential claims
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GMP Law® is the only Australian firm that stands behind our service with a written cost reduction promise, offering you complete peace of mind with your claim. We are committed to delivering expert legal guidance with empathy and care, and will work tirelessly to achieve the best possible outcome for our clients.

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