Contesting a will is super stressful. Thankfully, Australian laws let you contest a will if you think your loved one’s will was unfair or invalid but you have to act fast. Each state and territory has strict time limits – missing them will mean you’ll miss your chance to make a claim.
In this guide, we’ll go through the time limits for contesting a will in each state, why they matter and what to do if you miss the deadline.
Do Time Limits Matter When Contesting a Will?
Courts impose time limits so estates can be settled quickly and beneficiaries get their inheritance with minimal delay. If claims could be made indefinitely, it would be chaos and legal headaches for everyone involved.
Once the time limit has passed, it gets much harder to contest a will. Sometimes, exceptions can be made but you’ll need a good reason for the delay. That’s why you need to act fast and get legal advice asap if you’re thinking of making a claim.
Will Contesting Time Limits by State
Each state and territory in Australia has different rules for contesting a will. The time limits below are from the date of death or grant of probate (when the will is lodged with the court).
| States | Time Limits |
|---|---|
| New South Wales (NSW) | 12 months from the date of death |
| Victoria (VIC) | 6 months from the date probate is granted |
| Queensland (QLD) | 6 months to notify the estate of your claim, 9 months to file it |
| Western Australia (WA) | 6 months from the date of probate |
| South Australia (SA) | 6 months from the date of probate |
| Tasmania (TAS) | 3 months from probate |
| Australian Capital Territory (ACT) | 12 months from the date of death |
| Northern Territory (NT) | 12 months from the date of death |
Note: The court may allow late claims if there is a good reason, such as not being aware of the will, fraud or significant delays in probate. But no guarantees.
What If You Miss the Will Contesting Deadline?
If the deadline has passed don’t panic yet—you may still have options. Courts can make exceptions in rare cases but you’ll need to have a good reason for the delay. Some common reasons for late claims are:
- Lack of awareness – You didn’t know about the will or its contents until after the deadline had passed.
- Fraud or deception – Someone deceived you about your rights or the existence of the will.
- Serious personal circumstances – Illness, financial hardship or other extreme situations stopped you from acting in time.
Even if you have a good reason, courts will also consider whether the estate has been distributed. If assets have been divided among beneficiaries, contesting the will will get much harder.
If you think you have a solid case, get a wills and estates lawyer today. They can advise you if you have grounds to extend time and help you file your claim as soon as possible.
Our Will Dispute Lawyers Are Here to Help
Contesting a will in Australia comes with time limits from 3 months to 12 months depending on your state. After the deadline, it’s much harder to contest a will and your chances of success drop significantly.
Don’t miss out – consult a lawyer early, gather your evidence and ensure you meet all legal deadlines. At Wyatts, will dispute lawyers will guide you through the entire will contestation process.
Act now! Ring us at 1800 773 880 or to speak to our representative, or fill out an online enquiry form to get started!
