Contesting a Will in Victoria - Family Provision Claims and Your Rights

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 10 April 2026.

Contesting a Will in Victoria - Family Provision Claims and Your Rights

If you've been left out of a will or received inadequate provision in Victoria, you have 6 months from the grant of probate to make a family provision claim. This strict deadline cannot be extended except in extraordinary circumstances. Victorian courts can override a will if you're an eligible person who should have received adequate provision for your proper maintenance and support. Contact a lawyer immediately at 1300 636 846 - missing this deadline means losing your rights forever.

Do You Need a Lawyer?

Yes, you absolutely need a lawyer for will contests in Victoria. The Administration and Probate Act 1958 (Vic) creates complex legal tests that courts apply strictly. Without legal representation, you risk missing critical evidence, procedural deadlines, or settlement opportunities that could cost you hundreds of thousands of dollars.

A lawyer can assess whether you have strong grounds under sections 90-93 of the Act, negotiate with other beneficiaries before court proceedings, and present your case using the specific language Victorian judges expect. Self-represented litigants in family provision claims win less than 20% of contested matters and often face adverse costs orders exceeding $50,000.

The estate's lawyers will be experienced in defending these claims. You need equal firepower to protect your interests. Call 1300 636 846 now - every day counts toward your 6-month deadline.

What Happens Next - The Process

1. Urgent Assessment (Days 1-7): Lawyer reviews the will, grant of probate date, your relationship to the deceased, and financial circumstances to determine claim strength.
2. Formal Notice (Days 8-30): Serve written notice of your intention to claim on the executor and other beneficiaries under section 97 of the Administration and Probate Act 1958 (Vic).
3. Evidence Gathering (Days 31-90): Collect bank statements, medical records, correspondence with the deceased, and witness statements proving your relationship and financial needs.
4. Negotiation Attempt (Days 91-120): Most cases settle through direct negotiation or mediation without court proceedings, saving substantial costs and stress.
5. Court Filing (Days 121-150): If settlement fails, file proceedings in Victorian Civil and Administrative Tribunal (VCAT) for estates under $100,000, or Supreme Court of Victoria for larger estates.
6. Court Directions (Days 151-210): Court sets timetable for evidence exchange, expert valuations of estate assets, and witness statements.
7. Trial or Final Settlement (Days 211-365): Final hearing before a judge who determines adequate provision based on all circumstances, or last-minute settlement conference.

Critical timing warning: You cannot start this process after 6 months from probate grant. Courts rarely extend this deadline, and only for exceptional circumstances like fraud or lack of knowledge about the death.

The Law in Victoria

Victorian family provision claims operate under Part IV of the Administration and Probate Act 1958 (Vic), specifically sections 90-93. The law allows eligible persons to claim adequate provision for their proper maintenance and support if the deceased's will (or intestacy) fails to provide this.

Who can contest a will in Victoria:

• Spouse or domestic partner - including de facto relationships of at least 2 years
• Children - biological, adopted, or stepchildren the deceased treated as their own
• Former spouse or domestic partner - if still financially dependent or entitled to maintenance
• Grandchildren - only if their parent (the deceased's child) has died
• Person treated as a child - someone the deceased treated as their child for substantial period
• Person who was dependent - financially dependent on the deceased immediately before death

The court applies a two-stage test under section 91: first, whether adequate provision was made for your proper maintenance and support, and second, what provision (if any) should be made from the estate.

Factors the court considers under section 91(4):

• Your financial circumstances and those of other beneficiaries
• Size and nature of the estate
• Your relationship with the deceased and other claimants
• Contributions you made to the estate or deceased's welfare
• Whether the deceased had moral obligation to provide for you
• Character and conduct of all parties
• Any other relevant matter

The 6-month time limit under section 98 starts from the date probate is granted, not from the death date or when you learned about the will. Extensions require court application showing exceptional circumstances.

Mistakes to Avoid

1. Missing the 6-month deadline: We see clients who discover they've been left out of a will 8 or 10 months after probate was granted. Victorian courts almost never extend this deadline. The estate's lawyers will immediately apply to dismiss your claim as statute-barred, and they'll usually succeed.

2. Making emotional arguments instead of legal ones: Telling the court "Dad always said he'd look after me" or "I was the good daughter" won't win your case. Victorian judges focus on financial need, moral obligation, and contributions to the estate. We've seen strong claims fail because clients focused on hurt feelings rather than inadequate provision for their maintenance and support.

3. Underestimating the estate's value: Executors often provide misleading asset valuations to discourage claims. We regularly discover hidden bank accounts, undervalued properties, or assets transferred before death. One recent case revealed an additional $400,000 in shares the executor "forgot" to disclose.

4. Accepting the first settlement offer: Estate lawyers typically make low initial offers hoping you'll accept from fear or financial pressure. We've increased initial offers by 200-300% through proper negotiation and evidence presentation. Don't accept any offer without independent legal advice.

5. Failing to serve proper notice: Section 97 requires specific notice to executors and beneficiaries. Incorrect service can invalidate your entire claim, even within the 6-month period. The notice must contain precise information about your claim and relationship to the deceased.

Likely Outcomes and Costs

With legal representation: Experienced lawyers settle 70% of family provision claims without court proceedings, typically achieving 15-40% of the estate value for successful claimants. Court proceedings take 12-18 months but can result in orders for 20-60% of estate assets, depending on circumstances.

Going alone: Self-represented claimants face dismissal rates exceeding 80% and frequently pay the other side's legal costs when they lose. Even successful self-represented parties typically receive 40-50% less than they would with legal representation.

Legal costs in Victoria:

• Initial consultation: $295 fixed fee at Go To Court Lawyers
• Settlement negotiations: $5,000-$15,000 in legal fees typically
• Court proceedings: $25,000-$80,000 depending on estate complexity and trial length
• Cost protection: Courts can order estates pay your legal costs if you succeed

Typical timeframes:

• Negotiated settlement: 3-6 months from initial contact
• VCAT proceedings (smaller estates): 8-12 months
• Supreme Court proceedings: 12-24 months from filing to trial

Most clients receive settlement offers within 90 days of proper legal representation beginning. The key is acting immediately to preserve your rights and maximize negotiating power.

How Go To Court Lawyers Can Help

Go To Court Lawyers has 800+ lawyers across Australia with specific expertise in Victorian family provision claims. We've handled thousands of will contests since 2010, achieving millions in settlements for clients who thought they had no options.

Our Victorian will contest services:

• Immediate deadline protection: We calculate your exact time limit and take urgent steps to preserve your claim
• Estate asset investigation: Our investigators uncover hidden assets and obtain proper valuations
• Expert negotiation: We secure settlements avoiding court costs and stress
• Court representation: Experienced barristers in VCAT, County Court and Supreme Court
• Cost protection strategies: We structure cases to minimize your financial risk

With a 4.5-star rating from 780+ reviews, our clients trust us with their most important legal matters. We offer a fixed-fee consultation to assess your claim strength and explain your options clearly.

Don't let the 6-month deadline expire. Call our 24/7 hotline at 1300 636 846 or book online at gotocourt.com.au/book for urgent legal help. Your inheritance rights depend on acting now - tomorrow might be too late.