Being left out of a will — or left far less than you expected — lands as more than a financial blow. It can feel like a final word about your place in the family, delivered at the worst possible time. In Victoria the law does give certain people a right to ask the Court for proper provision, but it is time-limited and the rules are specific. My job is to give you an honest read, early, of whether you have a claim worth making — before you spend money and emotion chasing one that isn't.
Two different ways to challenge a will
There are two quite different things people mean by 'contesting a will'. The first is a family provision claim: you accept the will is valid, but say it failed to make adequate provision for your proper maintenance and support. The second is a challenge to the will's validity itself — arguing the will-maker lacked mental capacity, was unduly influenced, did not know and approve its contents, or that the will was not signed and witnessed correctly under the Wills Act 1997 (Vic).
Most disputes are family provision claims, brought under Part IV of the Administration and Probate Act 1958 (Vic). Validity challenges are less common and turn heavily on medical and witness evidence. I will tell you at the outset which of the two, if either, actually fits your situation.
Who can make a family provision claim in Victoria
Not everyone can claim. Victoria limits eligible applicants to a defined list — broadly a spouse or domestic partner, a former spouse in some circumstances, children (including adult children and, in defined cases, stepchildren), a registered caring partner, and certain dependants. Being eligible is only the first step: the Court then asks whether the deceased had a moral duty to provide for you and whether the will made adequate provision for your proper maintenance and support.
Adult children can claim, but the Court weighs their financial need and the size of the estate carefully — a comfortable, independent adult child with no need will usually not succeed, while one with genuine need often will. This is exactly the kind of judgement I give you honestly up front.
The six-month deadline
In Victoria a family provision claim must generally be commenced within six months of the date the grant of probate or letters of administration is made. After that, you need the Court's permission to proceed out of time, and it is not guaranteed — particularly if the estate has already been distributed.
Because the clock runs from the grant, the practical message is simple: if you think you may have been inadequately provided for, get advice quickly. Most of these claims settle at a mediation rather than a trial, which keeps cost and stress down for everyone, and keeps the dispute out of a public courtroom.
How I handle a contesting a will matter
- 1Free, honest initial assessment of whether you have a claim worth making
- 2Clear explanation of eligibility, the moral-duty test and the time limit
- 3A strategy aimed at resolution by mediation wherever possible, not a trial
- 4Conduct of the claim (or defence of the estate) if it proceeds
- 5Frank advice on cost, prospects and how legal costs are usually dealt with
Frequently asked questions
Can I contest a will in Victoria if I was left out?
You may be able to. In Victoria, an eligible person who has been left out of a will — or left inadequate provision — can bring a family provision claim under Part IV of the Administration and Probate Act 1958 (Vic), asking the Court to order proper provision for their maintenance and support. Whether the claim succeeds depends on your eligibility, your financial need and the size of the estate.
What is the time limit to contest a will in Victoria?
In Victoria a family provision claim must generally be commenced within six months of the grant of probate or letters of administration. After that period you need the Court's leave to proceed out of time, which is not guaranteed — especially once the estate has been distributed. Getting advice quickly after a grant is important.
Who is eligible to make a family provision claim?
Eligibility in Victoria is limited to a defined list of people — broadly a spouse or domestic partner, certain former spouses, children (including adult and, in some cases, stepchildren), a registered caring partner and certain dependants. Eligibility is only the start; the Court then asks whether the deceased had a moral duty to provide and whether the will made adequate provision.
How much does it cost to contest a will?
At Fogarty Oliver Rothschild the initial assessment of your claim is free, and I will give you an honest view of prospects before you commit. Many family provision claims settle at mediation, which keeps costs down. Legal costs in successful claims are sometimes paid from the estate, but this is not automatic, and I will explain how costs are likely to work in your specific matter.
Reviewed by Elisa Rothschild BA/LLB — Principal Lawyer, Fogarty Oliver Rothschild. Admitted to legal practice in Victoria. Last reviewed 2026-06-21.
This page is general legal information about contesting a will in Victoria, Australia. It is not legal advice for your specific situation. For advice on your matter, book a free initial consultation.