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Victorian legal guide

How do I contest a will in Victoria?

General information for people in Victoria · ORLA Connect

In Victoria you can contest a will if you were left out or not adequately provided for, by making a family provision claim in the Supreme Court of Victoria — but only certain people are eligible, and strict time limits apply. Here's how it works and what to do first.

Who can contest a will

Family provision claims are limited to eligible people — typically a spouse or partner, children, and some dependants. Not everyone can claim, so eligibility is the first thing to check.

Time limits matter

There is a strict time limit to bring a family provision claim after a grant of probate, so it's important to get advice early rather than wait.

Contesting vs challenging validity

Contesting for provision (you should have received more) is different from challenging a will's validity (for example, undue influence or lack of capacity). The path depends on your situation.

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Who is eligible to contest a will in Victoria?
Generally a spouse or partner, children and certain dependants. Eligibility is the first thing a lawyer will check.
Is there a time limit to contest a will?
Yes — a strict time limit applies after probate is granted, so get advice early.

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.