Contesting a Will
Contesting a will can be a stressful and confusing process, especially if you believe the will does not reflect the deceased’s intentions or provides you with inadequate support. This page outlines the general reasons people challenge a will, the types of evidence that may be relevant, and how Law Tram provides a secure and obligation-free way to connect with licensed Australian lawyers who can explain your options.
Can you legally contest a will in Australia?
Contesting a will means making a legal claim that the will does not provide fair or adequate provision for someone who believes they should have been included or properly recognised. This often arises when a spouse, child, stepchild or dependent feels left out or unfairly treated.
To contest a will, you must be an eligible person under your state’s succession laws. You also need to act within strict time limits (typically within 6 to 12 months of the grant of probate) and be able to show that you had a financial or personal dependence on the deceased.
Contesting a will can be stressful, especially during a time of grief. Law Tram connects you with lawyers who clearly explain your options and eligibility before you take any further steps.
Law Tram can assist with will contest claims, including:
- Checking if you’re legally eligible to contest a will in your state or territory
- Explaining the difference between challenging a will’s validity and contesting it for provision
- Understanding your legal rights as a spouse, former spouse, child, stepchild, or dependent
- Reviewing time limits and helping you act before they expire
- Discussing outcomes such as negotiation, mediation, or court proceedings
- Exploring the financial risks and potential costs involved
- Reviewing any previous will or letters of administration that may impact your case
- Helping you respond if someone else contests a will you’re named in
Why choose Law Tram
- Connect with lawyers who understand will disputes and inheritance concerns
- Confidential platform to outline your situation and ask questions
- Guidance on what information or documents may be relevant
- No obligation to engage any lawyer you speak with
- Lawyers help you understand the legal considerations involved
How it works
Confidential and Secure Questionnaire
Start by completing our secure online questionnaire. This step allows you to provide essential details about your legal matter and financial circumstances.
Confidential Legal Snapshots
Law Tram’s advanced technology generates a confidential legal brief summarising your case while keeping your personal details private.
Review by Licensed Australian Lawyers
Your confidential legal snapshot is shared with our network of vetted lawyers who review your case to determine how they can assist.
Connect with a Lawyer
If a lawyer believes they can help, they will initiate a chat with you through the Law Tram platform. Your contact details remain private unless you choose to share them.
No Obligation
You’re under no pressure to retain any lawyer unless you’re confident in their ability to assist. Law Tram empowers you to make informed decisions.
What others are saying
Real experiences from people who used Law Tram for estate-related matters:
Take the first step toward resolution
Law Tram offers a secure, efficient and supportive way to connect with lawyers who understand the legal issues involved in contesting a will. Whether your concerns relate to inadequate provision, questions about validity, potential undue influence or disagreements with other beneficiaries, our platform helps you access tailored legal guidance before you decide how to proceed.
Take the first step with clarity and peace of mind by starting your free online consultation with Law Tram now.
Frequently Asked Questions
Yes. Deadlines vary between states but are usually between 6 and 12 months from probate. Early legal advice is essential.
No. Challenging a will usually refers to questioning its validity (e.g. fraud, undue influence), while contesting it means claiming you weren’t properly provided for.
Yes, but the will must be connected to an Australian estate. Lawyers can advise based on the relevant state’s succession laws.
Not always. Many will contest matters are resolved through negotiation or mediation. Your lawyer will guide you through the best option for your case.
There may be cost risks if your claim is unsuccessful. Law Tram helps you understand these risks early on before proceeding.
Copies of the will, probate documents, correspondence, medical records and any details about family circumstances can help a lawyer explain your options.
Not always. Some people challenge a will because of concerns about validity, capacity, undue influence or whether the document accurately reflects the deceased’s wishes.
Yes. Time limits vary between states and territories, and a lawyer can outline the general deadlines and whether any exceptions might apply.