How to challenge a will

The short answer

Challenging a will means starting a legal process to overturn the will (or part of it) or to claim against the estate. It is only possible on recognised grounds, by someone with standing, and within time limits. The process is evidence-heavy and can be expensive — so the first step is always to get legal advice before you act.

Step 1: Check you have grounds

A challenge must be based on legal grounds, such as:

• the will is invalid — lack of capacity, undue influence, fraud, or incorrect signing and witnessing;
• you are a family member who was not adequately provided for (Family Protection Act 1955);
• you provided services in reliance on a promised reward (Law Reform (Testamentary Promises) Act 1949); or
• relationship property rights affect the estate (Property (Relationships) Act 1976).

Being unhappy with a will is not, by itself, a ground. A lawyer can tell you honestly whether your situation has a realistic basis.

Step 2: Check you have standing

Not everyone can challenge a will. You generally need a legal interest — for example, as a beneficiary, someone who would inherit under intestacy, or a family member with a possible claim. A lawyer will assess whether you are the right person to bring the challenge.

Step 3: Act quickly

Time limits apply to most challenges, and estates do not wait. The longer you leave it, the harder a challenge becomes — and once assets have been distributed, undoing it is far more difficult. If you intend to challenge, act promptly and tell the executor early so the estate is not distributed before the issue is resolved.

Step 4: Gather evidence

Challenges stand or fall on evidence. Depending on your ground, that may include:

• medical records and assessments about capacity;
• statements from witnesses, family and professionals;
• the will itself, earlier wills, and any drafts or notes;
• emails, letters or records showing pressure, influence or promises; and
• documents about the estate and relationship property.

Step 5: Get legal advice

This is not a step to take alone. A lawyer experienced in estates will assess your prospects, explain the costs, and advise on the best route — including whether negotiation or mediation could resolve it without court. Legal costs are usually paid by each side, and an unsuccessful challenge can leave you paying the estate’s costs as well as your own.

Step 6: The process

If you proceed, the process typically involves:

• a formal claim or application setting out your grounds;
• in some cases, filing a caveat to prevent probate being granted without notice;
• exchange of evidence and documents;
• negotiation or mediation, which resolves many disputes; and
• if no settlement is reached, a court hearing.

Costs and risks

Challenging a will can be expensive and stressful. The estate may pay the reasonable costs of a genuine dispute, but that reduces what is left for everyone. Before committing, make sure you understand:

• the strength of your case and the likely outcome;
• the legal costs and the risk of having to pay the other side’s costs;
• the effect on family relationships; and
• whether a negotiated settlement could achieve most of what you want.

The bottom line

Challenging a will is possible, but it is a serious, evidence-driven process with real costs and risks. The right order is: check your grounds, check your standing, act quickly, gather evidence — and get legal advice before anything else. Our guide on whether a will can be challenged and guide on common reasons cover the background.