Examples of Contested Wills and Common Estate Dispute Scenarios

Family provision claims (Part IV)

The largest category by volume is the family provision claim under Part IV of the Administration and Probate Act 1958 (Vic). Typical fact patterns include:

• an adult child who has been left out of the will, or given a markedly smaller share than siblings, and is in modest financial circumstances;
• a spouse or domestic partner of a second relationship whose provision is constrained by gifts to children of an earlier relationship;
• a stepchild who lived in the household and was treated as a member of the family;
• a person who provided long-term care to the deceased without adequate consideration during the deceased's lifetime.

None of these patterns is decisive on its own. Each is assessed against the matters in section 91A and against the size of the estate and the position of competing beneficiaries.

Challenges to the validity of the will

Distinct from family provision, validity challenges question the will itself. The most common bases are:

• Want of testamentary capacity — the testator did not understand the nature of the act, the extent of the estate, or the claims to which they ought to give effect, often because of cognitive decline at the time of execution.
• Want of knowledge and approval — particularly where the will was prepared in unusual circumstances, or where the principal beneficiary was closely involved in its making.
• Undue influence — coercion that overbore the testator's free will.
• Fraud or forgery — rare, but it does occur.

Executor and administration disputes

A different category arises within the administration itself — delay in obtaining a grant, refusal to communicate with beneficiaries, conflicts of interest, or disagreement about the sale of an estate asset. These can be addressed through applications for accounts, removal of an executor, or judicial directions, rather than by a Part IV claim.

How these scenarios are usually resolved

The Supreme Court of Victoria refers most Part IV proceedings to compulsory mediation, and the majority resolve before trial. Validity challenges are more often resolved at directions stage once the evidence (medical records, file notes of the will-drafter, witness affidavits) has been gathered and exchanged. For Hanlons' approach, see our contested wills and TFM claims page; for the administration framework, see probate and deceased estates.

Frequently asked questions