If you are considering contesting a will in Victoria, timing matters. For most family provision claims, you have six months from the date probate or letters of administration is granted.
The six-month period does not usually start from the date the person died. This is an important distinction because there may be several months between a death and the grant being issued.
In some circumstances, the Court may allow a claim after the usual deadline. However, an extension should never be assumed. Understanding the relevant dates early gives you more time to consider your position and decide what to do.
What is the time limit for contesting a will in Victoria?
Under Part IV of the Administration and Probate Act 1958 (Vic), an eligible person may be able to seek provision, or further provision, from a deceased person’s estate.
These applications are commonly known as family provision claims or Testators Family Maintenance claims.
In most cases, an application must be made within six months after probate or letters of administration is granted.
The Supreme Court of Victoria’s Testators Family Maintenance List manages these claims.
Does the six-month period start when the person dies?
No. The six-month period generally starts when the Court grants probate or letters of administration.
A grant of probate confirms an executor’s authority to administer an estate under a will. If there is no valid will, or in some other circumstances, the Court may instead issue letters of administration.
The Supreme Court of Victoria provides more information about this process in its wills and probate guidance.
Before working out how long you have to contest a will in Victoria, check whether a grant has been made and the date it was issued.
How can you find out when probate was granted?
Probate information can be searched through the Supreme Court of Victoria.
The Court provides access to probate records and information about applications for grants. Its probate records service explains how to search those records.
If you are considering a claim, finding the grant date is an important first step. It allows you to work out when the six-month period is likely to expire.
What if probate has not been granted yet?
If probate or letters of administration has not been granted, the six-month period for a family provision claim has generally not started.
That does not necessarily mean you should wait before considering your position.
There may be several things to understand first, including:
- the terms of the will
- your relationship with the deceased
- the size and composition of the estate
- your financial circumstances
- the interests of other beneficiaries.
Looking at these issues early can give you time to understand the strength and practical implications of a potential claim before a deadline is approaching.
Can you contest a will after six months in Victoria?
It may be possible in some circumstances. The Court can allow a family provision claim to proceed after the usual six-month period.
Whether it will do so depends on the circumstances of the case.
Relevant issues may include:
- why the application was delayed
- how long the delay has been
- what has happened to the estate since probate was granted
- whether estate assets have already been distributed
- how a late claim could affect other people with an interest in the estate.
A late claim can become more difficult if the estate has already been distributed.
If the six-month period has passed, do not assume that a claim is automatically impossible. Equally, do not assume that the Court will grant an extension. The particular circumstances need to be considered.
What if the executor has already started distributing the estate?
The six-month time limit does not mean every estate must remain untouched during that period.
Executors have responsibilities when administering an estate. When and how assets are distributed will depend on the circumstances.
For someone considering a family provision claim, however, distribution matters. A claim may become more complicated once property or money has been transferred to beneficiaries.
This is another reason to understand your position early. It is generally better to consider your options before significant distributions have occurred than to rely on being able to address them later.
Does the same time limit apply to every challenge to a will?
No. Contesting a will is a broad expression and can refer to different types of estate disputes.
A family provision claim asks whether adequate provision has been made for an eligible person from the deceased’s estate.
A challenge to the validity of the will itself is different. For example, a dispute may concern:
- whether the deceased had testamentary capacity
- whether undue influence affected the making of the will
- whether the document is the deceased’s final valid will.
Different rules and procedures can apply to these disputes.
If you are unsure what type of claim you may have, it is important to identify the issue before relying on a particular time limit.
Who can contest a will in Victoria?
Not everyone who has been left out of a will, or received less than expected, can make a family provision claim.
Victorian law defines who may be eligible. A person’s eligibility depends on their relationship with the deceased and, for some categories, other circumstances.
We explain this in more detail in the article, Who can contest a will in Victoria?, including the position of spouses and domestic partners, children, stepchildren, former partners and other potential applicants.
Eligibility is only the first question. Being eligible to make a claim does not mean the Court will necessarily order further provision from the estate.
Why is it worth considering your position early?
The six-month deadline is not the only reason to look at an estate dispute early.
Before deciding whether to make a claim, you may need to understand:
- what the will provides
- the value and composition of the estate
- any previous provision made by the deceased
- the circumstances of other beneficiaries
- the evidence relevant to your position
- the likely cost and practical consequences of pursuing a claim.
There is also a broader question: is the claim worth pursuing?
A claim may have legal merit but still involve costs, uncertainty and family consequences that need to be weighed carefully. The size of the estate may also affect whether pursuing the dispute is commercially sensible.
Considering these issues early gives you more time to make a deliberate decision rather than one driven by an approaching deadline.
How long do you have to contest a will in Victoria? Start with the grant date
For most family provision claims, the key date is the date probate or letters of administration was granted.
From there, you can consider the nature of the potential claim, whether you are eligible, what is in the estate and the practical implications of taking action.
Mazzeo Lawyers acts in wills and estate disputes in Victoria, including disputes about wills, family provision and the administration of estates.
If you would like to understand your position, contact Mazzeo Lawyers to discuss your circumstances.
