Is it possible to contest a will if I believe it’s unjust?

Yes, it may be possible to contest a will in Australia. But feeling that a will is unfair is not, by itself, enough to change it. Whether you can make a claim depends on your relationship with the person who died, the circumstances of the will and the law in your state or territory.

There are two main questions to consider: was the will made properly, and has it left someone without adequate support?

Was the will valid?

A will can be challenged if there is a legal reason to doubt that it reflects the deceased person’s genuine wishes. For example, you might be concerned that they:

• lacked testamentary capacity—the ability to understand what a will does, what they owned and who might reasonably expect to benefit;
• were pressured into making it (known as undue influence); or
• did not sign or have the will witnessed as the law requires.

Imagine your father changed his will shortly before his death, while seriously unwell, leaving everything to a new acquaintance. That change does not automatically make the will invalid, but it may be worth investigating. Medical records, earlier wills and evidence from people who knew him could all be relevant.

Were you left without adequate provision?

A different type of claim is a family provision claim. This asks a court to provide for an eligible person from the deceased’s estate—the money, property and other assets they left behind—even if the will itself is valid.

Who can apply varies across Australia. Eligible people commonly include a spouse or partner, children and, in some circumstances, former partners, stepchildren, dependants or people who lived with the deceased.

The court does not simply divide the estate according to what seems equal. It considers matters such as your financial needs, your relationship with the deceased, any support they gave you, the size of the estate and the needs of other beneficiaries. For example, an adult child in financial hardship may have a stronger case than a financially secure adult child who was left the same amount.

What should you do if you’re concerned?

Act early. Time limits for family provision claims differ between states and territories. They may run from the date of death or from a later step in administering the estate. Waiting until assets have been distributed can also make matters harder.

If you can, take these practical steps:

1. Find out what the will says. Ask the executor—the person responsible for administering the estate—for a copy. Rules about who is entitled to one vary by location.2. Write down your concerns. Note any conversations, dates or events that explain why you think the will may be invalid or why you need provision.3. Gather useful documents. These might include earlier wills, correspondence, financial records or information about your relationship with the deceased.4. Get advice about your options and deadline. A lawyer who works in wills and estates can help assess whether you are eligible and whether there is evidence to support a claim.

A court case is not always necessary. Some disputes settle through negotiation or mediation, a meeting where an independent person helps everyone try to reach an agreement. It is also worth asking about costs before starting: estate disputes can be expensive, and the court does not automatically order the estate to pay everyone’s legal fees.

It is understandable to feel hurt or surprised by a will. The useful first step is to identify why you believe it should be challenged. A concern about how it was made calls for different evidence from a claim that it failed to provide for your needs—and either way, getting advice promptly can help you protect your options.