Victorian legal guide

Do I need a lawyer to contest a will in Victoria?

General information for people in Victoria · ORLA Connect

If you’ve been left out of a will, or not left enough, you may be able to contest it in Victoria. These claims have eligibility rules and time limits, so early advice matters.

Contesting vs challenging

“Contesting” a will usually means a family provision claim (you should have received more), while “challenging” means arguing the will itself is invalid. They’re different, and the right path depends on your situation.

Who can make a claim

Victoria limits family provision claims to certain eligible people, such as partners and children. The court looks at your relationship to the deceased and your need.

Time limits apply

There is a deadline to bring a family provision claim — generally within six months of the grant of probate — so it’s important not to delay.

Do you need a lawyer?

These claims are legally complex and often involve negotiation. Most people use an estate lawyer, and many claims settle before a hearing.

How to get advice the easy way

Post your matter once on ORLA Connect and get matched with up to four Victorian wills & estates firms who quote upfront — free and private.

Left out of a will? Get advice early

Post your wills & estates matter once and compare up to four trusted Victorian firms. Private, no obligation.

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Who can contest a will in Victoria?
Only certain eligible people, such as partners and children, can make a family provision claim. A lawyer can tell you if you qualify.
Is there a time limit to contest a will?
Yes - generally six months from the grant of probate. Get advice early so you do not miss it.
Do most will disputes go to court?
No - many settle through negotiation or mediation. A matched lawyer can guide you.

This article is general information only and is not legal advice. For advice about your situation, post your matter and a matched Victorian law firm can help.