ARTICLE · 05 JUNE 2026

Steps Involved In Contesting A Will

PCL Lawyers

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Contesting a will involves navigating complex legal procedures, from obtaining estate information and establishing eligibility to gathering evidence and potentially filing court applications. Understanding the step-by-step process, including negotiation options and court determinations, can help eligible persons assess whether they have grounds to challenge inadequate provision in a deceased's estate.

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Contesting a will can be complex, but the process can involve the following steps:

Step 1: Obtain estate information

Confirm whether probate has been granted and obtain a copy of the Will and estate details.

Note: Under Victorian law, a Will may be viewed by anyone named or referred to in it, regardless of whether they are a beneficiary, as well as anyone who would have inherited if the deceased had died without a Will.

Step 2: Seek legal advice early

An experienced wills and estates lawyer can assess whether you are eligible to make a claim and have reasonable prospects for success.

Step 3: Identify your legal grounds

This may involve demonstrating financial need, dependence, and a close personal relationship with the deceased.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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