The Process of Contesting a Will

Our Simple 4 Step Process

1 Review Your Claim
The most important step is to determine if you have a reasonable claim

1 Assess Your Case
We estimate the size of your claim and for our legal costs, not including disbursements

1 Commence Proceedings
We’re with you every step of the way, managing the entire process on your behalf

1 Settle Your Case
We apply our knowledge and expertise to reach the settlement you are entitled to

The process of contesting a Will can seem daunting, but our specialist lawyers will be there every step of the way to make it easier for you.

We will represent you throughout the process of contesting a Will, and ensure you meet all imposed deadlines. According to Victorian legislation, if you want to contest a Will, you must file in court within six months of probate being granted or letters of administration being issued.


Probate is when the Court certifies that a Will is valid and is the last Will and testament a person made. Letters of Administration are issued if a person dies without a Will.

Outside of this time, permission must be obtained from the Court and there must be good grounds as to why the claim was not brought within the required time. It is always best to find out early where you stand and what you can do to get what you’re entitled to. Hentys can check whether Probate has been granted or Letters of Administration issued.


At Hentys, we understand that the first step is always the hardest. Contesting a Will can often be a very emotional process, but we’ve helped so many of clients just like you.

We are committed to the interests of each of our clients, applying our hard work, knowledge and experience to achieve the best possible outcome for you and your family.

Getting in touch with us is easy. Either fill out the form on the website and we will be in touch at your convenience, or call us on 03 8615 4200.


If we do advise that your claim has merit and a very high probability of success, we will begin the process of contesting the Will. At this stage of the Will Dispute process, we will usually start to prepare your evidence by creating a series of documents. Our experience and knowledge in contesting Will cases that we specialise in the preparation of evidence in a way that is designed to try and get the matter resolved at this early stage of the process.

I would like to take this opportunity to express my gratitude and thanks to Hentys for the guidance and efficient, friendly nature you showed me at all times throughout this ordeal – Sandra Fisher


Once you’ve been in touch with us, the process of contesting a Will starts with an obligation-free appraisal, where we will gain a better understanding of your situation and advise you on the best course of action to take.

We appreciate that it can be a bit unnerving to discuss such a sensitive matter, and can assure you that our lawyers will always act with professionalism, whilst doing their upmost to put your mind at ease.


In the majority of contested Will cases there is no need to go to court as the matter will inevitably be resolved at mediation. Mediation is a structured negotiation process where a mediator assists the parties to achieve their own resolution of the dispute, without the involvement of the Court. The Court requires this mediation so that the parties involved can attempt to settle their Will dispute before going to Court.

In the last 5 years, it is the experience of Hentys Lawyers that no Will dispute case has ended up in court. You will only need to go to court as a last resort when you are contesting a Will.

In these situations it helps to have an experienced legal team behind you who has previously successfully resolved similar cases.

At Hentys Lawyers, we will make the process of contesting a Will as easy as possible for our clients. We will be with you every step of the way to assist in any way that we can to ensure that you receive the settlement that you are entitled to.