How do I contest a will in Victoria?
If you've been left out of a will, or you don't think you've been adequately provided for, you may be able to challenge it. In Victoria this is called a family provision claim, made under the Administration and Probate Act 1958. It's not enough to feel the will is unfair — you must be an eligible person and show the deceased had a responsibility to provide for you.
Are you an eligible person?
Eligibility is defined by the Act and includes spouses and domestic partners, children (including adult children in some cases), and certain dependants who relied on the deceased. Whether a claim will succeed depends heavily on your relationship and financial circumstances.
The 6-month time limit
A family provision claim must generally be started within 6 months of the grant of probate (or letters of administration). Missing this deadline can end a claim before it begins, so early advice matters.
What the court weighs up
The court considers your financial needs and resources, the size of the estate, the nature of your relationship with the deceased, and any competing claims from other beneficiaries — to decide whether adequate provision was made.
Most claims settle
The large majority of family provision claims are resolved through negotiation or mediation without a final court hearing. Early, well-prepared advice usually leads to a faster, less costly outcome.
Need help with your wills & estates matter?
Get real help from verified VIC law firms — post your matter for free and compare responses, or book a consultation now.
Common questions
Can an adult child contest a will?
Sometimes. Adult children can be eligible, but success depends on factors like financial need and the relationship with the parent — it is assessed case by case.
What does it cost?
Costs vary with complexity. Some matters are handled on a no-win-no-fee basis and, where a claim succeeds, costs are often paid from the estate. Get specific advice on your situation.
What if probate hasn't been granted yet?
You can still get advice and prepare. The 6-month clock generally runs from the grant of probate, so acting early protects your position.