If you have been left out of a will, left less than you expected, or you are an executor facing a claim, the first thing that matters is time. Estate claims run to strict deadlines that differ between states, and some of them are short. The second thing that matters is whether the estate has been distributed — once assets are gone, a good claim gets much harder to run. Call 1300 286 578 before either clock runs out.
Key takeaways
- Time limits differ between states. Some run from the date of death, some from the grant of probate.
- A family provision claim asks the court to award you provision from an estate. It is different from challenging whether the will is valid.
- Challenging validity is a separate claim — lack of testamentary capacity, undue influence, improper execution, or lack of knowledge and approval.
- Executors owe duties and can be compelled to account, or removed.
- Costs are discretionary. The assumption that the estate always pays is wrong, and unsuccessful claimants can be ordered to pay.
Can I contest a will if I’ve been left out?
Often, yes. A family provision claim allows an eligible person to seek provision from an estate where adequate provision has not been made for their proper maintenance and support. Eligibility usually covers spouses and children, and in some circumstances grandchildren and people who were dependent on the deceased or in a close personal relationship with them. The categories and the time limits both vary between states, so where the estate is administered matters.
What is the difference between contesting and challenging a will?
They are different claims and people use the words interchangeably, which causes problems.
Contesting — a family provision claim. You accept the will is valid and ask the court for more from the estate.
Challenging — you say the will should not stand at all. The grounds are that the will-maker lacked testamentary capacity, that they did not know and approve the contents, that there was undue influence, or that the will was not properly executed. These turn heavily on medical records, the solicitor’s file, and the circumstances in which the will was made.
The two can be run together, but they are argued differently and the evidence is different.
What does the court take into account?
Broadly: your relationship with the deceased, your financial position and needs, the size of the estate, the competing claims of other beneficiaries, any contributions you made to the deceased’s wealth or welfare, and what the deceased knew and intended. It is a discretionary assessment rather than a calculation, which is why anyone offering you a formula is guessing.
I’m the executor and someone is claiming. What now?
Do not distribute. An executor who distributes with notice of a claim can end up personally exposed. Beyond that, the executor’s role in a family provision claim is largely neutral — you defend the estate, you put the relevant material before the court, and you do not take sides between beneficiaries. Get advice early, because the decisions that create personal liability are usually made in the first few weeks.
The executor isn’t doing their job
Executors owe duties to the estate and its beneficiaries. Where an executor delays without explanation, refuses to account, favours themselves, or will not distribute, the court can compel them to account, remove and replace them, or make orders about how the administration proceeds.
Does this end up in court?
Usually not at a final hearing. Most estate disputes resolve at mediation, and in several jurisdictions mediation is effectively expected before a matter is set down. The earlier a claim is properly formulated, the better it tends to resolve — partly because the other side can see what it is facing.
We act in estate disputes from offices on the Gold Coast, in Brisbane, Sydney and Melbourne. Because the time limits and the eligible categories differ between states, the jurisdiction the estate is administered in is usually the first question we ask. For state-specific detail, see our estate dispute pages for Sydney, Brisbane and Melbourne, and our guides to family provision applications in Queensland, contesting a will in Australia and executor disputes.
Will and estate dispute FAQs
Can I contest a will if I’ve been left out?
Often yes. Family provision claims allow eligible people — commonly spouses, children and in some circumstances dependants — to seek provision from an estate where adequate provision has not been made for their proper maintenance and support. Eligibility and the time limits differ between states.
How long do I have?
This is the question that decides most of these matters, and the answer depends on where the estate is administered. Time limits differ by state and some run from the date of death while others run from the grant of probate. The timeframe can be as short as 6 months from the date of death. Get the dates checked before anything else.
What does the court look at?
Broadly: your relationship with the deceased, your financial position and needs, the size of the estate, the competing claims of other beneficiaries, any contributions you made, and what the deceased knew and intended. It is a discretionary assessment rather than a formula.
Can I challenge the validity of the will itself?
That is a different claim from a family provision claim. The usual grounds are that the will-maker lacked testamentary capacity, that the will was not properly executed, that there was undue influence, or that the will-maker did not know and approve its contents. These claims turn heavily on medical records and the circumstances in which the will was made.
The executor isn’t doing their job. What can I do?
Executors owe duties to the estate and its beneficiaries. Where an executor is delaying without explanation, failing to account, favouring themselves, or refusing to distribute, the court can compel them to account, remove and replace them, or make orders about the administration.
Does contesting a will mean going to court?
Usually not to a final hearing. Most of these matters resolve at mediation, and in several jurisdictions mediation is effectively expected before a matter is set down. The earlier a claim is properly formulated, the better it usually resolves.
Who pays the legal costs?
The common assumption that the estate always pays is wrong. Costs are discretionary, and unsuccessful claimants can be ordered to pay. That is one of the reasons an honest early assessment matters more here than in most areas.
How much can I expect to receive?
There is no formula and anyone offering you one is guessing. What we can do early is tell you whether a claim is reasonably arguable, what the realistic range looks like given the size of the estate and the competing claims, and whether it is worth running.
Can I claim if I wasn’t related to the deceased?
Possibly. Eligibility extends beyond immediate family in some circumstances — for example people who were dependent on the deceased or in a close personal relationship with them. The categories vary between states.
The estate has already been distributed. Am I too late?
Possibly not, but it gets much harder. This is the clearest case for acting immediately, because once assets are distributed the practical ability to recover them narrows sharply even where a claim would otherwise have succeeded.
Estate claims run on deadlines that are shorter than people expect
Tell us the date of death and whether probate has been granted, and we will tell you where you stand. Call 1300 286 578 or get in touch.
Last updated: 2 October 2026
