Contest a will — intake checklist (AU)
Contesting a will covers two distinct claims — family provision claims (adequate provision) and challenges to validity (capacity, undue influence, knowledge and approval). This intake checklist captures the information needed to scope both types.
This is a 12-step intake checklist for contesting a will in Australia. It covers family provision eligibility, state-by-state limitation periods, evidence of need, and the distinction between family provision claims and challenges to the validity of the will. Use it at first client conference.
The checklist
Confirm jurisdiction of the estate
Identify the state where the deceased was domiciled and where the estate is being administered. Family provision legislation differs by state.
Check the limitation period
Diarise the state limitation period — 12 months from death in NSW, 6 months from grant in Vic, 9 months from death in Qld, 6 months from grant in SA and WA.
Identify eligibility as an applicant
Confirm the client falls within the eligible categories under the relevant state Act — spouse, de facto, child, former spouse, dependant.
Obtain a copy of the will and any earlier wills
Request the will, any codicils, and earlier wills. Earlier wills may be relevant to validity challenges based on capacity or undue influence.
Check whether a grant of probate has issued
Search the state probate registry. The limitation clock commonly runs from the grant date (Vic, SA, WA).
Capture the client's financial position
Document the client's assets, liabilities, income, and expenses. Family provision claims depend heavily on financial need.
Capture the relationship history with the deceased
Record the nature and duration of the relationship, contributions to the deceased's welfare, and any estrangement.
Identify other eligible applicants and beneficiaries
Map out all family members who may also have claims, and the named beneficiaries. Apportionment affects strategy.
Identify estate assets and notional estate
List the actual estate and identify any property that may be clawed back as notional estate (NSW only).
Consider validity issues separately
If the client challenges validity (capacity, undue influence, knowledge and approval), capture evidence of the deceased's mental state and the will-making circumstances.
Advise on mediation and costs
Most family provision claims resolve at mediation. Advise on the costs risk if the claim is unsuccessful — costs may be ordered against the applicant.
Issue notice and commence proceedings
Send a claim letter to the executor; if not resolved, file in the appropriate court before the limitation period expires.
When this checklist applies
Use this checklist at first client conference when a potential beneficiary or eligible person raises concerns about the provision made (or not made) under a will.
Common pitfalls
- Missing the state limitation period — shortest in Victoria (6 months from grant)
- Confusing family provision claims with validity challenges — different evidence and timing
- Failing to identify notional estate (NSW) and missing assets held on trust
- Not assessing the client's financial position at the relevant date
- Underestimating the costs risk — unsuccessful applicants often pay the estate's costs
Run this checklist on a real matter
Quillio analyses the will, identifies eligible applicants, benchmarks the claim against comparable cases, and drafts the initial claim letter. See /practice-areas/wills-estates-lawyers or start a free trial.
This intake checklist is a general guide. Family provision law is state-specific — confirm the limitation period and eligibility rules for the relevant jurisdiction.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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