Time limits to contest a will
Time limits under succession law on family provision limit when you can contest a will. Most states and territories family provision legislation provide for some time limit, often the period is six months but it can vary.
The time period might start from the date of death or from when probate is granted. If you are thinking of challenging a deceased person’s will, and you are an eligible person under the law, it is important to be mindful of the time limit. To find out when see the legislation on family provision or testator’s family maintenance in this table, or consult a local solicitor.
But what if the time period has passed? Most legislation provides the Court with a discretion to extend the time within which to make an application, but it is not automatic and the Court’s permission to file must be sought first. Legal assistance is essential.