Finding out you’ve been left out of a will, or that a loved one’s estate is being distributed in a way that doesn’t match what they always said they wanted, is unsettling at the best of times. It’s also more common than many people expect. Disputes over wills and inheritances arise for all sorts of reasons: a will that seems to have been made under pressure, a more recent version that surfaces unexpectedly, or a family member who feels they were unfairly left out despite being genuinely dependent on the deceased.
In general, Australian succession law tries to balance two things: respecting a person’s right to leave their assets as they choose, and making sure certain people who were genuinely dependent on them aren’t left without adequate provision. That balance plays out differently depending on which state or territory the estate is being administered in, since wills and estates law is largely a matter of state legislation rather than a single national scheme.
Who Can Challenge a Will?
Broadly speaking, two different kinds of challenges come up. The first is a dispute about whether the will itself is valid — for example, a claim that the person didn’t have the mental capacity to make it, that they were pressured or unduly influenced by someone else, or that the document wasn’t signed and witnessed properly. The second, and more common, is a family provision claim, where someone who was eligible to be provided for (often a spouse, child, or in some cases another dependant) argues the will doesn’t adequately provide for them, even if the will is otherwise perfectly valid.
Eligibility to bring a family provision claim generally depends on your relationship to the deceased and, in some states, whether you were financially dependent on them. The categories of eligible people and the tests courts apply can vary noticeably from one state or territory to the next, which is part of why early advice matters.
What to Expect in the Process
Most will and inheritance disputes don’t end up in a courtroom. A large proportion are resolved through negotiation or mediation between the parties, often with each side represented by a solicitor, before matters progress to a final hearing. That said, the process typically starts with gathering information: a copy of the will, any earlier versions, probate documents, and an understanding of the full estate.
One of the most important things to know is that there are strict time limits for bringing a family provision claim, and these time limits differ by state and are generally measured from the date of death or the date probate is granted. Missing the window can mean losing the right to claim altogether, so acting promptly — rather than waiting to see how things unfold within the family — is generally in your interest if you think you may have a claim.
Common Red Flags Worth Knowing
A few situations tend to raise questions worth exploring with a solicitor: a will that was changed shortly before death, particularly if it benefits whoever helped arrange the change; a sudden shift in an elderly person’s wishes that seems inconsistent with their history or values; signs that someone may not have understood what they were signing; or an executor who isn’t communicating with beneficiaries or distributing the estate within a reasonable time. None of these automatically means something has gone wrong, but they’re the kinds of details a solicitor experienced in estate disputes will want to look at closely.
If you’re considering a challenge to a will, or you’re an executor facing a dispute from a beneficiary, getting advice early generally puts you in a stronger position than waiting. A solicitor who regularly handles estate disputes can help you understand whether you have a valid basis to act, what evidence will matter, and what a realistic outcome might look like for your particular situation.
If you’re dealing with a will or inheritance dispute and want to be connected with a solicitor who handles these matters, submit an enquiry with Request Legal Service and we’ll help match you with the right person for your situation.
This article is for general informational purposes only and is not legal advice. Laws vary across Australian states and territories, and can change over time — for guidance on your specific situation, speak with a qualified solicitor or lawyer. Request Legal Service does not act as a law firm or provide legal representation.