Contesting a Deceased Estate in Victoria: Understanding Part IV and Family Provision Claims

Losing a loved one is never easy, and disputes over a deceased estate can make an emotional time even harder. In Victoria, if you believe you have been unfairly left out of a Will—or not adequately provided for—you may have legal grounds to contest the estate.

These claims are made under Part IV of the Administration and Probate Act 1958 (Vic) and are known as Family Provision Claims. This article explains who can make a claim, what the Court considers, and how to protect your rights.

What Is a Part IV or Family Provision Claim?

A Part IV claim allows eligible individuals to challenge the distribution of a deceased person’s estate if they believe they have not been left with proper and adequate provision for their maintenance and support.

In other words, you’re not disputing the validity of the Will itself—you’re asking the Court to adjust how the estate is distributed to make fair provision for you.

Who Can Contest a Will in Victoria?

Under Part IV of the Administration and Probate Act 1958 (Vic), only eligible persons can bring a claim. These include:

1. The spouse or domestic partner of the deceased

2. A former spouse or partner (in limited circumstances)

3. Children, including adopted and stepchildren

4. Grandchildren, in some situations

If you’re unsure whether you qualify, it’s important to seek advice early—eligibility can depend on your relationship with the deceased and your personal financial circumstances.

Time Limits for Contesting a Will

Strict time limits apply. In Victoria, you generally have six months from the date of the Grant of Probate or Letters of Administration to file a Part IV claim.

If you miss this deadline, you may still apply for an extension—but only in exceptional circumstances and if the estate has not been fully distributed. Acting quickly is essential to preserve your rights.

What the Court Considers

When deciding a Family Provision Claim, the Court looks at a range of factors, including:

• The relationship between the applicant and the deceased

• The size and nature of the estate

• The financial needs and current circumstances of the applicant

• Any contributions (financial or personal) the applicant made to the deceased’s welfare or estate

• The provisions already made for the applicant during the deceased’s lifetime

• Any moral duty the deceased had to provide for the applicant

The Court aims to achieve a fair balance between the competing interests of beneficiaries and claimants.

Common Examples of Family Provision Claims

• A child is excluded from their parent’s Will without explanation

• A de facto partner is left out or inadequately provided for

• A stepchild or dependent relative who lived with the deceased is overlooked

• A former spouse is left without support despite continuing financial dependency

Each case is different, and outcomes depend on the evidence presented and the applicant’s financial and personal situation.

How Kennon Lawyers Can Help

At Kennon Lawyers, we have extensive experience assisting clients with contesting Wills and deceased estates across Victoria. We provide practical advice and compassionate support throughout the process.

Our experienced estate litigation lawyers in Melbourne can help you:

• Determine if you’re eligible to make a Part IV claim

• Assess the strength of your case and potential outcomes

• Negotiate with executors or beneficiaries to reach settlement

• Represent you in mediation or court if required

We understand that family disputes over estates can be sensitive and stressful. Our goal is to achieve a fair resolution while minimising conflict and costs.

If you’ve been left out of a Will or believe you’ve received an unfair share, don’t delay—strict time limits apply

Contact Kennon Lawyers today for confidential advice about contesting a deceased estate in Victoria.

Our Melbourne-based estate litigation lawyers can guide you through every step of the process and help ensure you receive the provision you deserve.

Visit www.kennonlawyers.com.au or call (03) 9828 1456 to book a consultation.