How to contest a will in Victoria
In Victoria, you contest a will by bringing a family provision claim (commonly called a Part IV claim) in the Supreme Court of Victoria under Part IV of the Administration and Probate Act 1958 (Vic). The claim must be brought within 6 months of a grant of probate or letters of administration.
The framework
Family provision in Victoria is governed by Part IV of the Administration and Probate Act 1958 (Vic) (as amended by the Justice Legislation Amendment (Succession and Surrogacy) Act 2014). Applications are made in the Supreme Court of Victoria or, for smaller estates, the County Court of Victoria.
The process
Confirm you are an eligible person
Section 90 of the Administration and Probate Act 1958 (Vic) defines eligible applicants including spouse, domestic partner, child under 18, adult child in certain circumstances, stepchild, and registered carer.
Note the 6-month time limit
Under section 99 of the Act, proceedings must be commenced within 6 months of the date of the grant of representation. Extensions are only granted in limited circumstances.
Obtain the will and grant documents
Request copies of the will, grant of probate, and inventory of assets from the executor or via the Supreme Court Probate Office search service.
Assess your financial circumstances and moral claim
Prepare a statement of your financial position, needs, contributions to the deceased, and relationship history. These are factors the court considers under section 91A.
Seek legal advice
Family provision claims require careful assessment of prospects, estate size, and costs risk. Obtain advice from a Victorian wills and estates lawyer before committing to proceedings.
File an Originating Motion and Affidavit
Commence proceedings in the Supreme Court of Victoria by filing an Originating Motion and supporting affidavit under Order 16 of the Supreme Court (General Civil Procedure) Rules 2015 (Vic).
Serve the executor
Serve the proceedings on the executor (who defends on behalf of the estate). The executor must file a notice of appearance and a defendant's affidavit listing the estate.
Attend first directions and mediation
The court lists the matter for directions. Part IV claims are routinely referred to mediation, which resolves most matters without trial.
Final hearing if unresolved
If unresolved, the matter goes to trial. The court considers whether the deceased had a moral duty to provide for you and, if so, whether the will makes adequate provision, applying Part IV and cases such as Vigolo v Bostin (2005) 221 CLR 191.
Orders and cost implications
If successful, the court orders provision from the estate. Costs are in the court's discretion — unsuccessful applicants may face adverse costs orders. Victoria has tightened its approach to estate-bearing costs since 2015.
Common mistakes
- Missing the 6-month limitation period under section 99
- Not addressing moral duty in the affidavit
- Underestimating the cost risk if the claim fails
- Not disclosing full financial position
- Not engaging genuinely at mediation
Get this process right with Quillio
Quillio can help structure your affidavit around the section 91A factors, prepare a timeline of relationship events, and summarise estate assets. See /practice-areas/wills-estates or start a free trial.
This guide is general information, not legal advice. Part IV claims carry significant cost risk. Obtain specialist wills and estates advice before proceeding.
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