Road winding through a forest in dappled sunlight. Contesting a will

Contesting a Will in Victoria

Contesting a will to help secure your share

Contesting a will is an important decision. But if you didn't inherit what you were expecting, or have concerns about whether a will is valid, you may need to protect your interests.

Contesting a will is a legal action. It starts with an application in the Supreme Court of Victoria, seeking orders to increase your share or declare a will invalid.

This legal process can be overwhelming for many people, mainly because the laws are technical, and there's much evidence to consider. However, help is available. The first and best step is to seek the advice of an experienced lawyer.

What does it mean to contest a will in Victoria?

Contesting a will is the same as challenging a will.

It means that a person decides to make a legal claim against the estate of someone who has died (the testator) because they believe they should have either:

  • Been included as a beneficiary in the will; or
  • Received a greater share of the estate under the will

This type of claim is known as a family provision claim.

A person can also contest a will if they believe the whole will, or part of it, is invalid. For example, they may claim that:

  • The testator had no capacity to make the will
  • Someone forced the testator to make the will in a certain way
  • The will was forged or fraudulent
  • The will wasn't made correctly

For more information, see our Wills and Estate Planning page.

You must be eligible to contest a will in Victoria, meaning that you must meet specific requirements under Victorian law.


Contesting a will is the same as challenging a will.

Our services for contesting wills

Contesting a will is a legal process that may involve:


Checking the will


Analysing the law


Interviewing witnesses


Locating evidence to support your claim


Filing a claim in the Supreme Court


Negotiations and legal argument

Depending on the circumstances, the process is often complex. Therefore, we recommend seeking legal advice as soon as possible.

You have six months from the grant of probate to file a legal action to contest a will, so you must act as soon as possible.

Frequently asked questions about contesting a will in Victoria

Don't leave things to chance

Contact us for affordable advice and efficient action to contest a will.