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Legal guide · Victoria

How do I contest a will in Victoria?

If you’ve been left out or not adequately provided for, you may be able to make a family provision claim — but only certain people are eligible, and time limits are strict.

Contesting a will

In Victoria you can contest a will by making a family provision claim in the Supreme Court if you were left out or not adequately provided for. Eligibility is limited and time limits are short, so early advice matters.

Who can claim

Generally a spouse or partner, children, and certain dependants. Not everyone is eligible — that’s the first thing we check.

Time limits are strict

There’s a limited window after probate is granted to bring a claim, so don’t wait to get advice.

How we help

We assess your eligibility and prospects honestly, and where there’s a case, we handle the claim — many resolve by negotiation rather than a hearing.

Common questions

Good to know

Who is eligible to contest a will?

Generally a spouse or partner, children and certain dependants. Eligibility is the first thing we check.

Is there a time limit?

Yes — a strict limit applies after probate is granted, so get advice early.

General information only — for advice about your situation, see more guides or book a consult with Waters & Co Lawyers.

Left out of a will? Get advice early.

Speak with an experienced Victorian lawyer — book online, or call us 24/7.