The process for contesting a Will varies depending on which Australian state or territory you reside in. But it all typically follows the same pattern. To contest a Will you must first lodge an application for a Family Provision Order with the Supreme Court. This must be done within a 3 to 12 month time frame from the date of death depending on your state of residence.
Once this has been submitted the court will review the application to decide whether the claim is valid. They will need to determine whether the person is ‘eligible’ for a part of the Estate and if their grounds for lodging a claim are valid according to the grounds of: undue influence or adequate provision.
When a decision is made the courts will contact the Executor of the Will and the claimant to organise a mediation. All attempts will be made to reach an agreement over the Estate outside of court in the first instance. If mediation is unsuccessful the claim will be taken to court.