Wills, Trusts & Estate Planning
Left Out of a Will or Treated Unfairly? You May Have Legal Options.
Australian succession law recognises that a will does not always reflect the deceased's true wishes or adequately provide for those who depended on them. Whether you have been left out entirely, received far less than expected, or suspect the will was made under pressure, specialist estate lawyers can advise on your rights — including family provision claims — before strict time limits expire.
⚠ Family provision time limits are as short as 12 months from the date of death in some states — do not delay — submit your request now.
Does This Sound Like You?
Common situations we help with.
Left out of a parent's will entirely
A parent has passed away and you have been excluded from the will, or the will leaves everything to a step-parent, a new partner, or other family members. Under the family provision legislation in every Australian state and territory, eligible applicants including children can apply to the Supreme Court for provision to be made from the estate if adequate provision was not made for their proper maintenance, education, or advancement in life.
Received far less than expected and believe it was unfair
The will leaves you something, but significantly less than you believe your relationship with the deceased and your financial circumstances justify. Courts in assessing family provision claims look at a range of factors including the nature of the relationship, the size of the estate, the applicant's financial need, and the competing claims of other beneficiaries. Being left a small sum does not preclude you from making a claim if you can demonstrate inadequate provision.
Suspicious that a new will was made under pressure
Shortly before death, the deceased made a new will that dramatically changed their estate plan — leaving everything to one person, cutting out long-standing beneficiaries, or making gifts that appear inconsistent with their known wishes. A will can be challenged for undue influence (where the testator was pressured into making a will they would not otherwise have made) or lack of testamentary capacity (where the testator did not have the mental capacity required to make a valid will).
Executor not distributing the estate fairly
The executor — who may be a sibling or other family member — is delaying distribution, has sold assets below market value, is charging excessive administration fees, or appears to be favouring themselves or other beneficiaries. An executor who fails to act in the best interests of all beneficiaries is in breach of their fiduciary duties and can be removed or required to account by the court. Legal advice can help you understand your options as a beneficiary.
Sibling received gifts during deceased's lifetime that reduced your share
A sibling or other family member received significant gifts, loans that were forgiven, or property transfers from the deceased during their lifetime. These may be relevant to a family provision claim as the court can take into account benefits already received from the estate when assessing what further provision is warranted. In some circumstances, notional estate provisions may bring lifetime gifts back into the reckoning.
Need to make a family provision claim
You have considered your position and believe you have grounds to make a formal family provision claim against the estate. The process involves filing an application in the Supreme Court of the relevant state, serving the executor, filing evidence, and potentially attending mediation and a hearing. Early legal advice is important because time limits — typically 12 months from the date of death in NSW under the Succession Act 2006 and QLD under the Succession Act 1981 — apply and extensions are not always granted.
How It Works
Three steps to protecting your inheritance rights
We connect you with a will dispute and family provision specialist in your state who understands the local court process, the applicable succession legislation, and how to present your claim effectively. The initial consultation is free and completely confidential.
Submit Your RequestSubmit your request
Tell us about the estate, your relationship to the deceased, and why you believe the will or estate administration is unfair. Include the state and, if known, the approximate size of the estate.
Matched with a will dispute specialist
An estate litigation lawyer in your state will contact you to discuss your grounds for a claim, the time limits, and the likely range of outcomes before you commit to any course of action.
Honest advice — and a plan if there are grounds
Your lawyer will give you a frank assessment of whether your claim has merit, what provision the court might award, and how to proceed most cost-effectively — including through mediation.
12 Months
Typical time limit for family provision claims from date of death in NSW and QLD — act quickly
All 8 States
Requests matched to specialist lawyers across every state and territory in Australia
Free
Initial consultation — understand your rights and options before committing to any action
Mediation
Most estate disputes resolve through mediation before hearing — saving time and legal costs
Before You Walk Away
Practical questions about will and inheritance disputes.
Who can make a family provision claim, and what are the time limits by state? +
Eligibility to apply for family provision varies by state. Generally, eligible applicants include a spouse or de facto partner, children (including adult children and stepchildren in most states), and former spouses who were dependent on the deceased. In NSW under the Succession Act 2006, claims must be brought within 12 months of the date of death. In QLD under the Succession Act 1981, claims must be made within 9 months from the date of death or 6 months from the date of probate, whichever is later. In Victoria under the Administration and Probate Act 1958, the time limit is 6 months from the grant of probate. Extensions require leave of court and are not guaranteed.
What factors do courts consider in a family provision claim? +
Courts consider a range of factors including: the nature and closeness of the relationship between the applicant and the deceased; the applicant's financial circumstances and needs; whether the applicant was dependent on the deceased; any contributions made by the applicant to the deceased's estate or welfare; the size of the estate; the competing claims of other beneficiaries; any gifts received by the applicant from the deceased during their lifetime; and the terms of the will and the reasons for the decision to provide or not provide for the applicant. Courts do not simply award what the applicant asks for — the award is what is proper for the applicant's maintenance, education, and advancement in life.
How do you challenge a will for undue influence or lack of testamentary capacity? +
A will can be challenged on the ground of undue influence where you can establish that the testator's free will was overborne by another person to such a degree that the will reflects their wishes rather than the testator's. This is a difficult ground to prove and requires evidence of the relationship of dominance and the suspicious circumstances. A will can also be challenged for lack of testamentary capacity where the testator did not understand the nature of making a will, the extent of their estate, or the claims of those who might be expected to benefit. Medical evidence and evidence about the testator's mental state at the time of signing are critical.
How do executor misconduct and removal applications work? +
An application to remove or pass over an executor is made to the Supreme Court and must be supported by evidence of the specific conduct complained of. Courts will remove an executor where there is a conflict of interest that cannot be managed, where they have actively misappropriated estate funds, where they are incapable of performing their duties, or where their relationship with beneficiaries has broken down to such an extent that the estate cannot be properly administered. The court may appoint a substitute executor or, in some cases, the Public Trustee. The costs of such an application may be borne by the estate or, if the executor is found to have acted improperly, by the executor personally.
Is mediation available in estate disputes, and how does it work? +
Mediation is widely used in estate disputes and family provision claims, and most Supreme Courts actively encourage or require it before a contested hearing. A mediator — often an experienced barrister or retired judge — facilitates a confidential discussion between the parties to explore settlement options. Mediation is significantly cheaper and faster than a contested court hearing and the outcomes are often more creative and flexible than a court could order. Most estate disputes, including family provision claims, settle at mediation. Your lawyer will advise on the mediation process and how to prepare effectively for it.
What are the typical costs of contesting a will in Australia? +
The costs of contesting a will vary significantly depending on the complexity of the estate, whether the matter settles at mediation or proceeds to a hearing, and the state in which the claim is brought. In most states, legal costs for estate disputes are paid from the estate — either on a party/party basis if the claim is successful, or on an indemnity basis in some circumstances. Courts have discretion on costs orders and will take into account the conduct of the parties and whether the claim was reasonable and well-founded. Some lawyers act on a conditional fee arrangement for family provision claims. A lawyer can give you an estimate of likely costs at the initial consultation.
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