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.

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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

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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.

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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.

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5. Assess your competition

Who are the other beneficiaries, what relationship did they have with the deceased and how does that affect your claim?

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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