Wills & estates

Contested wills & estate disputes in Victoria.

Not every will reflects the promises that were made, and not every estate is administered the way it should be. CMK Legal in Richmond acts for people left out of a will or inadequately provided for, and for executors and beneficiaries defending an estate, right across Victoria, with a clear early view of the merits and the cost before anything is filed.

Start onlineBook a consultation

Merits assessed first

An early, honest view of eligibility and prospects before you commit to a claim.

Early resolution preferred

Caveats and urgent advice available where an estate is close to distribution.

Costs kept proportionate

Fixed fee for the merits assessment, with each stage costed before it begins.

Victorian courts & VCAT

Part IV of the Administration and Probate Act 1958 and the Supreme Court of Victoria.

What an estate dispute involves.

Two quite different kinds of dispute both fall under this heading. A family provision claim under Part IV of the Administration and Probate Act 1958 accepts the will is valid but argues it did not make adequate provision for an eligible person's proper maintenance and support. A will validity challenge argues the will itself should not stand, because the will-maker lacked testamentary capacity, did not know and approve its contents, or was unduly influenced when it was made.

People use 'contesting' and 'challenging' a will as if they are the same thing, but in law they are different claims with different rules. Contesting a will, through a family provision claim, accepts the will is valid and asks the court for a fairer share. Challenging a will attacks its validity outright, on grounds such as a lack of testamentary capacity, a lack of knowledge and approval of its contents, undue influence, fraud or forgery, or a failure to sign and witness it properly. Which path fits, and whether either is worth running, turns on facts that need to be assessed before anything is filed.

Eligibility to bring a family provision claim is set by statute: spouses and domestic partners, children (including adult children in some circumstances), stepchildren, and certain other dependants. Being eligible does not guarantee an outcome. The court weighs the size of the estate, the claimant's financial position and needs, and the relationship with and any moral claim on the deceased, against what the will actually provided.

Time matters more than most people expect. A family provision claim must generally be brought within six months of the grant of probate or administration, and an estate can be substantially distributed in that window if no caveat has been lodged. If you are considering a claim, or you are an executor who has received one, moving early preserves options that disappear with delay.

If you think you may have a claim, do not wait for probate to be finalised before seeking advice. A caveat lodged early can prevent an estate being distributed before your claim is even assessed.

How we approach a contested estate.

A realistic view before you spend a dollar

We assess eligibility, the size of the estate and the strength of the claim honestly, including telling you when a claim is unlikely to justify the cost of pursuing it.

Protect the estate while the claim is assessed

A caveat on the grant of probate stops the estate being distributed while your position is worked through, so a valid claim is not defeated by timing.

Defend executors and beneficiaries firmly

Where you are on the receiving end of a claim, we test its merits properly and defend the estate's interests, rather than settling reflexively out of concern.

Resolve it at mediation, not in open conflict

Most estate disputes settle at or before mediation. We prepare thoroughly, which is usually what allows a fair outcome to be reached without a hearing.

Talk to us if.

  • You have been left out of a will entirely
  • You were provided for, but far less than you reasonably expected
  • You are a stepchild or dependant unsure whether you are eligible to claim
  • You believe the will-maker lacked capacity when the will was signed
  • You suspect a will was made under pressure or improperly witnessed
  • You are an executor who has received a family provision claim
  • You need to lodge a caveat before an estate is distributed
  • A grant of probate has recently issued and time may be limited

Bring the will, the death certificate if available, and a short summary of your relationship with and financial circumstances relating to the deceased. That is usually enough for a first, honest view of your position.

How a contested estate matter runs.

  1. 01

    Merits assessment

    We assess eligibility, the estate's size and the strength of a claim or challenge, based on the facts you have.

  2. 02

    Estate documents obtained

    The will, prior wills, probate file and financial position of the estate are obtained and the claim is quantified.

  3. 03

    Negotiation

    A without-prejudice approach to the executor or other beneficiaries to test an early, direct resolution.

  4. 04

    Court-ordered mediation

    Most Victorian estate disputes are referred to mediation, where the large majority are resolved.

  5. 05

    Hearing

    If a fair settlement is not reached, the matter proceeds to a hearing in the Supreme or County Court of Victoria.

Transparent fees for estate disputes.

The initial merits assessment, reviewing the will, your eligibility and the likely outcome, is a fixed fee, quoted before we start. Each further stage, including obtaining estate documents, negotiation, mediation and any hearing, is estimated in writing before it begins, so the cost of the dispute is never a surprise.

Request a fixed-fee quote

FAQs

Contested wills FAQs.

Still unsure? Call us on (03) 9008 7224 and speak to a lawyer, not a call centre.

Who can contest a will in Victoria?
Eligible people include spouses and domestic partners, children (including adult children in some circumstances), stepchildren, and certain other dependants of the deceased. Being eligible is only the first question. The court then asks whether adequate provision was made.
Is there a time limit to make a claim?
Generally six months from the date of the grant of probate or administration. Extensions can be sought in limited circumstances but are not guaranteed, so it pays to act early rather than assume there is time to spare.
Can I challenge a will on the grounds of capacity or pressure?
Yes, as a separate matter from a family provision claim. These challenges turn on medical evidence about capacity at the time the will was made, and on the circumstances in which it was prepared and signed.
Do these disputes usually go to court?
Most do not. Victorian estate disputes are typically resolved at mediation, often within months, which preserves both the value of the estate and the family relationships involved. We prepare thoroughly, which is usually what allows that outcome.
I am an executor and have received a claim. What should I do?
Get advice before responding. Executors owe duties to the estate and to all beneficiaries, and need to assess a claim's merits properly rather than settle out of concern, or defend it reflexively without regard to its strength.
Who pays the legal costs of the dispute?
Not automatically the estate. Costs increasingly follow the outcome of the case in Victoria, meaning an unsuccessful claimant, or an executor who acts unreasonably, can be ordered to pay costs personally.
What is the difference between contesting and challenging a will?
Contesting a will usually means a family provision claim: the will is valid, but an eligible person asks for a larger share than it left them. Challenging a will means arguing it is not valid at all, for instance because the will-maker lacked capacity or was pressured into it. They run under different rules and timeframes, and working out which one fits your situation is one of the first things we do.

Related services.

Estate litigation

Family provision claims and challenges to a will, handled with care for the family.

Learn more

Probate & estate administration

Grants of probate and letters of administration, and estates collected and distributed properly.

Learn more

Wills

A clear, properly executed will that says exactly what you intend.

Learn more

Get an early view of your position.

Send us the documents, the correspondence or the notice you have received. Start online in a few minutes, or book a consultation and speak to a disputes lawyer the same business day.

Start onlineBook a consultation