Print This Page
5 Steps to Contesting a Will
1. Ensure that you are a person who is eligible to apply
In Queensland you must be:
- A spouse (including de facto and same sex partners)
- A child (including stepchild)
- A dependant
In New South Wales you must be:
- A wife or husband
- A de facto
- A child
- A former wife or husband
- A person who was dependent upon the deceased person AND a grandchild of the deceased person OR a member of the same household
- A person who lived in a “close personal relationship” with the deceased.
In Victoria you must be:
- A person for whom the deceased had a responsibility to provide.
2. Check that you are within the time limit
An application needs to be filed within the following timeframes:
- Queensland – 9 months from the date of death
- New South Wales - 12 months from the date of death
- Victoria – within 6 months of the date of probate being granted
3. Consider the size and nature of the estate
Obtaining some general information about what is in the estate will help determine whether you are able to compete with other beneficiaries.
4. Determine you can establish a need for provision
You must be able to show that you ‘need’ the money and this need can be relative to that of your competitors.
5. Assess your competition
Who are the other beneficiaries, what relationship did they have with the deceased and how does that affect your claim?
For information regarding the procedural steps that need to be taken to contest a will in NSW see: Contesting a Will in NSW: What to Expect