Two very different challenges
A family provision claim. This is by far the most common. You are not arguing the will is invalid. You accept it is a real, properly made will — but you say it fails to make adequate provision for you, someone the deceased had a responsibility to provide for. The court can then redistribute part of the estate to correct that inadequate provision. Family provision claims are, in essence, a safety net the law provides for close family and dependants who have been left without proper support.
A challenge to the will's validity. Here you are arguing the will itself should not stand at all. The usual grounds are: the deceased lacked testamentary capacity (they were not of sound mind when they made it); undue influence (someone pressured or coerced them); fraud or forgery; or improper execution (the will was not signed and witnessed correctly). If a validity challenge succeeds, the court may fall back to an earlier valid will, or to the intestacy rules if there is none.
Most disputes are family provision claims, so the rest of this guide focuses mainly on those.
Who can make a family provision claim?
Eligibility varies between states and territories, but the categories generally include: spouses and de facto partners (current and, in some places, former); children, including in many cases adult children and stepchildren; and people who were wholly or partly dependent on the deceased. Being eligible does not guarantee a claim will succeed — it only opens the door. The court then weighs a range of factors including your financial position, the size of the estate, the nature and length of your relationship with the deceased, and the competing needs of other beneficiaries.
Importantly, estrangement does not automatically defeat a claim — courts have redirected provision to estranged adult children in genuine financial need — but it is one factor among many.
The time limits — strict, and different by state
This is the part that catches people out, and it is the single most important practical point in this guide. There is no national deadline. Time limits differ across every state and territory, and missing one usually ends your claim permanently.
| State / Territory | Deadline | Starts from |
|---|---|---|
| New South Wales | 12 months | Date of death |
| Victoria | 6 months | Grant of probate |
| Queensland | Notify executor within 6 months; file within 9 months | Date of death |
| South Australia | 6 months | Grant of probate |
| Western Australia | 6 months | Grant of probate |
| Tasmania | 3 months — the shortest in Australia | Grant of probate |
| ACT / NT | Generally 6 months | Grant of probate / date of death |
Note that the starting point differs too — some states run from the date of death, others from the grant of probate. Courts have only limited discretion to allow a late claim, usually only where there is a compelling explanation and the estate has not already been distributed. If you think you may have a claim, get advice immediately. Do not wait until you feel emotionally ready — the clock does not.
What the process looks like
In most jurisdictions, a family provision claim follows a fairly predictable path, and mediation is built into it:
- The claim is filed with the relevant Supreme Court.
- A first directions hearing takes place, often around 28 days later, where the court orders an exchange of financial information — the applicant's position and the estate's assets and liabilities.
- Mediation is then held, frequently within a few weeks of that hearing. In many states, attempting mediation is effectively a compulsory component before a final hearing. This means that, often within a couple of months of a claim being filed, the applicant, the executor, and the beneficiaries are sitting down to try to resolve it.
- If it settles, the agreed terms are put to the court and orders are made.
- If it does not settle, the matter proceeds to a final hearing — a slower, costlier and public outcome.
Why mediation, not a court battle
Estate disputes are uniquely destructive when litigated, and mediation is uniquely suited to them. Litigation costs come out of the very estate being fought over — a contested claim that runs to hearing can consume a significant chunk of what is left for everyone. Mediation costs a fraction of that. It is also private (court filings and judgments are public), faster (most resolve in a single session versus 12 to 18 months or more in court), and it preserves relationships that litigation tends to end permanently.
This is also worth naming: estate disputes surface at the rawest possible time, in the weeks and months after a death, when grief is fresh. Old family tensions resurface sharpened by loss. A courtroom fight tends to harden these wounds; mediation is structured to let people be heard — sometimes for the first time. In mediation, the family decides. At a hearing, a judge who never knew the deceased decides for everyone. Our estate and inheritance dispute mediation page explains how we approach these sensitive matters.