Who can contest a Will in Victoria? Eligibility and legal requirements 

Contesting a will in Victoria can feel overwhelming, especially when you’re grieving and unsure where to begin. You might believe the Will is unfair or doesn’t reflect what your loved one intended and want to contest it. In this blog, we explain who can contest a Will, how the Court assess a claim, and why timing is critical.  

Who can contest a Will in Victoria? 

Victorian law defines (and limits) who is eligible to contest or challenge a Will. To make a claim, you must fall into one of the following categories: 

• A spouse or domestic partner at the time of the death 
• A child, stepchild, or adopted child 
• Someone who believed the deceased was their parent 
• A grandchild, household member, or registered carer 
• A former spouse or partner who could not finalise a property settlement 

In some cases, you will have to demonstrate that you were financially dependent on the deceased (particularly if you’re not a direct family member). This dependency must relate to your maintenance and support. 

Children with ongoing support needs 

Children under 18, full-time students aged 18 to 25, or children living with a disability may also qualify to contest a Will if they were reliant on the deceased for financial or personal support. 

How the Courts decide 

The two-part test: Moral duty and need 

Courts follow a specific process when a Will is challenged. First, they ask if the deceased had a moral duty to provide for you. Next, they will examine whether the Will failed to meet that duty. This applies to every case of contesting a Will in Victoria. 

The court doesn’t make decisions lightly. Instead, it looks at several factors, including: 

• Your financial situation and earning capacity 
• The size and value of the estate 
• Your relationship with the deceased 
• The needs of other beneficiaries 
• Any medical or physical conditions 
• Evidence explaining the choices made in the Will 

Contesting a Will in Victoria is unique with each claim carefully examined by the Court. However, the main question is always the same: did the Will fail to provide reasonable support for the person challenging it? 

Don’t delay: Time limits apply 

To contest a Will in Victoria, you must apply within six months of probate being granted. Otherwise, you may lose the chance to make a claim. For this reason, it’s best to act quickly. 

Get legal guidance  

The law can feel confusing, especially during times of grief. Therefore, a Geelong lawyer can explain your options clearly. They will assess your situation and prepare a claim based on your circumstances. 

Without the right legal advice, you risk your claim being rejected by the Court. Because of this, it may be worth speaking to an experienced Geelong Wills & Estates lawyer. 

Need support? Speak to a Geelong Wills & Estates lawyer 

If you’re thinking about contesting a Will in Victoria, don’t wait too long. You have six months from the date probate is granted. Book an appointment with a Geelong Wills & Estate lawyer from Whyte Just & Moore to understand your rights and take swift action. 

Our team of lawyers have helped local families for over 140 years. We listen, explain your options, and support you every step of the way. Contact Whyte Just & Moore to take action in contesting your Will.