Can I contest a will if I was not left anything?

Yes, if you are an eligible person under your state's law. Being left out does not by itself entitle you to a share; the court must find that the will failed to make adequate provision for you.

Can an adult child contest a will?

Yes, in every state an adult child can apply. In Victoria, as for every applicant, the court must also be satisfied that the deceased had a moral duty to provide for the child.

Does the will have to go to probate before I can claim?

Not in NSW or Queensland, where the time limit runs from the date of death. In the other states and territories, the time limit runs from the grant, so the claim is usually made after probate.

What happens if I miss the deadline?

You must ask the court for an extension, and it is not automatic. In Victoria and South Australia, an extension can only be sought before the estate is fully distributed.

Can a step-child contest a will?

In most states, yes, but often only if conditions are met, such as having been maintained by the deceased. The conditions differ by state.

Contesting a Will in Australia: Who Can, Time Limits & Costs

Contesting a will in Australia usually means making a family provision claim: an eligible person applies to the Supreme Court for a share, or a larger share, of the deceased's estate. In NSW, the claim must be filed within 12 months of the date of death; in Victoria, within 6 months of the grant of probate.

To start, confirm three things: that you are an eligible person in the state where the deceased lived, the deadline that applies, and the approximate size of the estate. Collect the will, the death certificate and evidence of your financial position and your relationship with the deceased. Many claimants then ask one of the will dispute lawyers in Australia to assess the claim before filing.

Who can contest a will?

Who can contest a will depends on the state. Every state allows a spouse or partner and a child of the deceased to apply. Other relatives, former partners and dependants can apply only if conditions are met.

State	Who is eligible (summary)
NSW	Spouse; de facto partner; child; former spouse; a grandchild or household member who was wholly or partly dependent on the deceased at any time; a person in a close personal relationship with the deceased at death (Succession Act 2006, s 57)
Victoria	Spouse or domestic partner; child or stepchild; former spouse or partner who could have claimed property under the Family Law Act 1975; registered caring partner; grandchild; member of the deceased's household. Some categories must show dependency (Administration and Probate Act 1958, s 90)
Queensland	Spouse, including a de facto partner of at least 2 years and a dependent former spouse; child, including a stepchild; a dependant such as a parent who was wholly or substantially maintained (Succession Act 1981, ss 5AA, 40, 41)
Western Australia	Spouse or de facto partner; former spouse or partner receiving maintenance; child; certain grandchildren and stepchildren; parent (Family Provision Act 1972, s 7)
South Australia	Spouse or domestic partner; child; and, only if conditions are met, former spouse or partner, stepchild, grandchild, parent and sibling (Succession Act 2023, s 115)
Tasmania	Spouse; children; parents if there is no spouse or child; former spouse or partner receiving maintenance (Testator's Family Maintenance Act 1912, s 3A)
ACT	Partner; domestic partner of 2 years or more; child; stepchild, grandchild and parent if conditions are met (Family Provision Act 1969, s 7)
Northern Territory	Spouse or de facto partner; child; former partner, stepchild, grandchild and parent if conditions are met (Family Provision Act 1970, s 7)

South Australia narrowed eligibility on 1 January 2025, when the Succession Act 2023 (SA) replaced the Inheritance (Family Provision) Act 1972 (SA). Step-children, former partners, grandchildren, parents and siblings must now meet the new criteria.

What is the time limit to contest a will?

The time limit to contest a will is between 3 months and 12 months, and in most states it runs from the grant of probate rather than the death.

State	Time limit	Starts from
NSW	12 months	Date of death
Victoria	6 months (s 99)	Grant of probate or letters of administration
Queensland	9 months (s 41(8))	Date of death
Western Australia	6 months (s 7(2))	Date the administrator becomes entitled to administer the estate
South Australia	6 months (s 118)	Grant of probate or letters of administration
Tasmania	3 months (s 11)	Grant of probate or letters of administration
ACT	6 months (s 9)	Grant of administration
Northern Territory	12 months (s 9)	Grant of administration

Each court can extend the time, but an extension must be applied for and is not automatic. Distribution also matters. In Queensland, an executor who has had no notice of a claim is protected if they distribute 6 months or more after the death, under section 44 of the Succession Act 1981. In NSW, an executor should not distribute earlier than 6 months after the death. A claimant should give written notice to the executor early.

What does the court consider?

The court asks whether the will, or the intestacy rules, left the applicant without adequate provision for their proper maintenance, education or advancement in life. Legal Aid NSW lists the matters the NSW court considers, including:

the relationship between the applicant and the deceased;
the applicant's financial circumstances and future needs;
the size and nature of the estate;
any contribution the applicant made to increase the value of the estate;
any provision the deceased made during their life;
the applicant's character and conduct;
other claims on the estate.

Two states add specific tests. In Victoria, the court must be satisfied that the deceased had a moral duty to provide for the applicant, under section 91 of the Administration and Probate Act 1958. In South Australia, the primary consideration is the wishes of the deceased, under section 116(2) of the Succession Act 2023.

How do you contest a will?

Contesting a will through a family provision claim usually follows five steps:

Get advice and check the deadline. Confirm eligibility and the date the time limit expires.
Notify the executor. Written notice of an intended claim asks the executor to hold the estate.
File the claim. In NSW, the claim is a summons and supporting affidavit filed in the Equity Division of the Supreme Court, with a filing fee.
Attend mediation. In NSW, all family provision applications are referred to mediation.
Final hearing. If the claim does not settle, a judge decides whether to make an order and how much to award.

A claim that the will itself is invalid follows a different path. The Supreme Court of NSW lists the grounds: the will was not properly executed, the will-maker lacked testamentary capacity or knowledge and approval, or the will is a forgery or was made by undue influence or fraud. A person with an interest in the estate can lodge a caveat to stop a grant while the challenge is prepared.

How much does it cost to contest a will?

The cost to contest a will varies with the size of the estate and how far the claim goes. A claim that settles at mediation commonly costs tens of thousands of dollars in legal fees for each party, and a final hearing costs more. These figures are indicative only; get a written estimate from your lawyer.

Who pays depends on the court's order. Legal Aid NSW states that legal costs do not always come out of the estate, and that an unsuccessful claimant can be ordered to pay their own costs and the defendant's costs. In South Australia, the court can order costs out of the estate or against a party under section 119(8) of the Succession Act 2023, and can require security for costs under section 117 if a claim may lack merit. Some lawyers act on a conditional or "no win, no fee" basis.

How do executors defend a claim?

Executors defend a claim by holding the estate and putting the evidence before the court. The NSW Government's executor guidance states that the executor is responsible for defending legal claims against the estate, and must wait until a claim is resolved before distributing assets. Beneficiaries whose shares would be reduced can take part in the mediation and the hearing.

Finding a will dispute lawyer

A will dispute lawyer confirms the deadline, assesses eligibility, files or defends the claim and represents you at mediation. Compare will dispute lawyers in Australia by city. If the estate also needs probate or administration, compare wills & estates lawyers in Sydney, wills & estates lawyers in Brisbane or wills & estates lawyers in Adelaide. For how grants and caveats work, read What Is Probate and How Do You Apply?.