Florens Florens Integrative Family Law
Expertise

Contesting or defending a will

If you have been left out of a will, or left with less than you need, you may be able to make a claim. If you are an executor facing a claim, you need advice on your duties. We act for both.

Start with a free 20-minute discovery call. Meetings across Australia, in person or online.

Laura Dowling advising a client

Every state and territory allows certain people to apply for a greater share of an estate where the will does not make adequate provision for them. These are known as family provision claims.

Eligible people usually include a spouse or de facto partner, children and others who depended on the person who died. Who is eligible differs between states and territories.

A will can also be challenged on other grounds, such as a lack of capacity, undue influence or not being properly signed.

A woman sitting on her front steps, thinking

Time limits are strict

Family provision claims must be made within a fixed period, which in some states and territories is as short as six months.

If you think you may have a claim, or you are an executor and a claim seems likely, seek advice early.

Probate and estate administration

How we can assist

We advise people making claims, executors defending them and beneficiaries caught in between.

Legal costs in estate disputes are not always paid from the estate. We give you a realistic view of the risks before you begin.

How an estate dispute usually runs

Most disputes resolve well before trial.

Call 1300 739 954
  1. Early advice

    We assess eligibility, merit and the time limit.

  2. Gather information

    The will, the estate’s value and each party’s circumstances.

  3. Notice and negotiation

    We set out the claim, or the response, and open discussions.

  4. Mediation

    Most courts require mediation, and many matters settle there.

  5. Court if needed

    We run the case through to a hearing where necessary.

  6. Finalise

    Orders or a deed, and distribution of the estate.

Concerned about a will?

Talk to us about your options and the time limits.

What the court considers

Each case turns on its own facts.

Your needs

Your financial position, health and future needs.

The relationship

Your relationship with the person who died and any contribution you made.

The estate

The size of the estate and the needs of other beneficiaries.

Common questions about contesting or defending a will

Can I contest a will?

If you are an eligible person and the will does not make adequate provision for you, you may be able to make a family provision claim. Eligibility differs between states and territories.

How long do I have?

Time limits are strict and differ between states and territories. Some run from the date of death and others from the grant of probate. Seek advice as soon as you can.

Can a former partner make a claim?

In some circumstances, yes, particularly where they were still financially dependent or a property settlement had not been finalised.

Who pays the legal costs?

Costs are sometimes paid from the estate, but not always. An unsuccessful or unreasonable claim can result in a costs order against you.

Do estate disputes go to court?

Most settle through negotiation or mediation. Court proceedings are often started to protect the time limit, and many resolve before a hearing.

I am an executor. What should I do if a claim is made?

Hold off distributing the estate, keep careful records and get advice about your duties to all beneficiaries.

Clear advice when an estate is in dispute.

Time limits apply, so talk to us early about your situation.

Privacy

Privacy policy

Updated October 2026

SJ Law Pty Ltd trading as Florens Family Law (“Florens Family Law”, “we”, “us”, “our”) is committed to protecting your privacy. This policy explains how we collect, use, disclose, store and protect your personal information, and how you can access or correct it.

We are bound by the Australian Privacy Principles (APPs) in the Privacy Act 1988 (Cth). As solicitors, we also owe you duties of confidentiality and protect legal professional privilege. A copy of the APPs is available from the Office of the Australian Information Commissioner at www.oaic.gov.au.

What personal information we collect

Personal information is information or an opinion about an identified individual, or an individual who is reasonably identifiable. Depending on your matter, we may collect:

How we collect it

Where reasonable and practicable, we collect personal information directly from you, in meetings, phone and video calls, emails, forms and through our website.

We may also receive information from others where this is needed for your matter, including the other party or their lawyers, courts, barristers, expert witnesses, family report writers, mediators, financial institutions, government agencies and other professionals you have authorised us to contact. If we receive information about you from someone else, we will take reasonable steps to let you know.

Family law matters often involve information about people who are not our clients. We handle that information with the same care, and only for the purposes of the matter.

Why we collect, use and hold it

If you choose not to provide information we reasonably need, we may not be able to act for you.

We only use sensitive information for the purpose it was provided, for a directly related purpose you would reasonably expect, with your consent, or where required or authorised by law.

When we disclose it

Subject to our professional obligations, we may disclose personal information:

We do not sell personal information.

AI-assisted tools

We use artificial intelligence (AI) tools to help us work efficiently, for example to draft and review documents, summarise material, assist with research and transcribe meetings. These tools support our lawyers. They do not replace legal judgement.

Overseas recipients

Some of our service providers may store information on servers outside Australia. Where that happens, we take reasonable steps to make sure your information is protected in a way consistent with the APPs. Otherwise, we will only send your personal information overseas with your consent, where it is needed for your matter (for example, where there are overseas assets or an international parenting issue), or where required by law.

Marketing and communications

From time to time, we may send you information about our services, insights and events, or promotional material from our trusted referrers or related entities within the Florens Group. We only use your contact details for this, never information about your matter, and we do not pass your details to other organisations for their own marketing. You are welcome to opt out at any time, by using the unsubscribe link in any of our emails or by letting us know.

Our website

When you use our website or enquiry forms, we collect the details you choose to give us. Our website may also use cookies and analytics tools to understand how the site is used, such as which pages are visited. This information does not identify you, and you can turn cookies off in your browser settings.

How we store and protect it

We take reasonable steps to protect personal information from misuse, interference, loss and unauthorised access, modification or disclosure. This includes secure electronic systems with access controls and multi-factor authentication, and secure storage of any paper records.

We keep client files for at least seven years after a matter ends, or longer where the law or the nature of the matter requires. After that, we securely destroy or de-identify the information.

If a data breach occurs that is likely to result in serious harm, we will notify you and the Office of the Australian Information Commissioner as required under the Notifiable Data Breaches scheme.

Accessing and correcting your information

We take reasonable steps to keep your personal information accurate, complete and up to date. Please let us know if anything changes or is incorrect.

You can ask to access the personal information we hold about you by contacting us in writing. We may need to confirm your identity first. There is no fee to make a request, but we may charge a reasonable fee for providing copies.

In limited circumstances permitted by the APPs, we may refuse access, for example where it would unreasonably affect another person’s privacy, where the information relates to existing or anticipated legal proceedings, or where giving access would be unlawful. If we refuse, we will explain why in writing.

Questions and complaints

If you have a question or complaint about how we handle your personal information, please contact our Privacy Officer:

Florens Family Law
reception@florens.com.au
1300 739 954

We will aim to respond within 30 days. If you are not satisfied with our response, you can contact the Office of the Australian Information Commissioner on 1300 363 992 or at www.oaic.gov.au.

Changes to this policy

We may update this policy from time to time. The current version is always available on our website.

Website disclaimer

The information on this website is general in nature and is not legal advice. Family law outcomes depend on individual circumstances, so please get advice about your own situation before acting on anything you read here. We aim to keep content current, but we cannot guarantee it is accurate or complete at the time you read it.

Using this website, or contacting us through it or by email, does not create a solicitor-client relationship. That relationship begins only once we have confirmed in writing that we will act for you. Please do not send confidential or sensitive documents until we have confirmed that we can act for you.

Links to other websites are provided for convenience. We are not responsible for their content or their privacy practices.

To the extent permitted by law, we exclude liability for any loss arising from use of this website or its content. Liability limited by a scheme approved under professional standards legislation.