In Australia, the time limit to contest a will varies depending on the state or territory.

Generally, you have 6 to 12 months from the date of the grant of probate (or letters of administration) to make a family provision claim.

However, the timeframe can differ based on where the deceased lived, and late applications may be considered in exceptional cases.

If you’re considering contesting a will, it’s important to act quickly to preserve your right to claim.

Understanding the Time Limits by State

Each Australian state and territory sets its own deadline for contesting a will. Here’s a general breakdown:

• New South Wales (NSW): 12 months from the date of death
• Victoria: 6 months from the grant of probate
• Queensland: 6 months to notify the executor, and 9 months to file a claim
• South Australia: 6 months from the grant of probate
• Western Australia: 6 months from the grant of probate
• Tasmania: 3 months from the grant of probate
• ACT: 6 months from the grant of probate
• Northern Territory: 12 months from the grant of probate

Keep in mind these are general rules, and exceptions can apply depending on your relationship with the deceased and whether probate has been granted.

Key Takeaway: The deadline to contest a will depends on where the estate is managed—know the local rules and act early.

What Triggers the Clock?

In most cases, the timeframe to contest a will begins from either:

• The date of death, or
• The date probate is granted

Probate is a legal process that confirms a will is valid and gives the executor the right to administer the estate.

Once probate is granted, it becomes easier to track your deadline. If you’re unsure whether probate has been granted, you can usually check with the probate registry in the relevant state or territory.

Key Takeaway: Your contest period often starts from the probate date—track this carefully to avoid missing your chance to claim.

What If You Miss the Deadline?

If the deadline to contest a will has passed, you may still be able to apply for an extension. The court has discretion to allow late claims in some circumstances, especially if:

• You weren’t aware of the death or the will
• There was a delay in the probate process
• You were wrongly excluded or misled

However, the court will consider whether allowing your claim would unfairly affect the executor or beneficiaries who believed the estate was finalised.

Delays can weaken your case, so it’s best to act as soon as possible.

Key Takeaway: Late claims are possible but not guaranteed—delay can limit your options and the likelihood of success.

Who Can Contest a Will?

Not everyone can contest a will. You must be an “eligible person,” which typically includes:

• A spouse or de facto partner
• A child of the deceased
• A former spouse in some cases
• Someone who was financially dependent on the deceased
• Someone who lived with the deceased and was treated as a member of their family

Each state may define eligibility slightly differently, so it’s important to get legal advice based on your situation.

Key Takeaway: You must be eligible to make a claim—relationships and financial dependence often determine this.

So, how long can you contest a will? The answer depends on your location, your relationship with the deceased, and when probate was granted.

Acting within the state’s time limits gives you the best chance of being heard.

If you think you’ve been left out unfairly, don’t wait—getting advice early can help you understand your rights and preserve your claim.