Information Centre · Contested Wills & TFM Claims
Can a Will Be Challenged After Probate Is Granted in Victoria?
Yes. In Victoria, a will or estate can still be challenged after probate is granted, but the available procedure depends on the type of challenge and strict time limits apply.
Key points
- A grant of probate confirms the Supreme Court of Victoria has accepted the will for administration, but it does not extinguish later challenges — family provision claims, validity challenges and revocation applications remain available after the grant; a probate caveat is a separate, pre-grant mechanism only.
- Family provision (TFM) claims under Part IV of the Administration and Probate Act 1958 (Vic) must be commenced within six months of the grant of probate or letters of administration (section 99); the Court may extend that time, but the extension application must be made before final distribution and an extension does not disturb distributions properly made before the extension application.
- Validity challenges based on lack of testamentary capacity, undue influence, fraud or the discovery of a later will can support an application to revoke the grant of probate, usually paired with an urgent application to restrain distribution; suspicious circumstances is an evidentiary doctrine bearing on proof of knowledge and approval, not a freestanding ground.
- A probate caveat stops a grant of probate issuing but does not retrospectively undo a grant already made — once probate has issued, the relevant protections are revocation applications, injunctions or other interim relief restraining distribution, and urgent family provision applications.
- Recovery once assets have been distributed is uncertain rather than assured — the section 99 extension rules limit what a late TFM claimant can unwind, section 99A separately protects an executor who distributes after the six-month period without notice of a claim (with a three-month notification duty on any intending applicant who has given notice of intention), and any recovery on a validity or revocation claim from beneficiaries who received property depends on the facts and is not guaranteed.
- Executor removal or discharge on the basis of unfitness is dealt with under section 34(1)(c) of the Administration and Probate Act 1958 (Vic) and is distinct from a challenge to the will's validity; a section 33 Trustee Act 1958 (Vic) notice of intended distribution is a separate protection from the section 99 six-month period, not a step that must follow it.
What Probate Actually Decides
A grant of probate is the Supreme Court of Victoria's confirmation that a particular document is the last will of the deceased and that the named executor has authority to administer the estate. It does not close the door on estate litigation. Probate confirms administrative authority — it does not decide whether a beneficiary has been left without adequate provision, whether the will was made in suspicious circumstances, or whether a later document should displace the one that was proved.
The Challenge Pathways — Before and After Probate
There are three separate procedures available once probate has been granted, plus a fourth — the probate caveat — which is only available before the grant is made and does not undo a grant once it has issued. Choosing the right pathway — and moving quickly — is what determines whether the challenge succeeds.
Before probate is granted:
- Lodging a caveat before probate is granted. A probate caveat stops a grant of probate from issuing while a validity challenge is investigated. It is a pre-grant mechanism only — it does not retrospectively undo a grant that has already been made. Once a grant has issued, the equivalent protections are the post-grant pathways below — see the caveat FAQ below and our probate caveats guide.
After probate is granted:
- Challenging the validity of the will. A validity challenge asks the Court to find that the document proved to probate is not in fact the deceased's valid last will. Grounds include lack of testamentary capacity, undue influence, fraud, or the existence of a later will. Suspicious circumstances is not a separate, freestanding ground — it is an evidentiary doctrine that can require the propounder of the will to positively prove the deceased's knowledge and approval of its contents; undue influence and fraud remain distinct grounds with their own elements. Detail on capacity issues sits in our challenging testamentary capacity guide and on undue influence in our undue influence and suspicious circumstances guide.
- Applying to revoke the grant of probate. Where the will admitted to probate is shown to be invalid, where a later will is discovered, or where the grant was obtained by fraud or non-disclosure, the Supreme Court can revoke the grant. Revocation is usually paired with a validity challenge, and is distinct from removing or discharging an executor who is unfit to continue, which is dealt with separately under section 34(1)(c) of the Administration and Probate Act 1958 (Vic).
- Making a family provision (TFM) claim. A family provision claim under Part IV of the Administration and Probate Act 1958 (Vic) does not attack the will's validity — it asks the Court to re-order the distribution because the will (or the intestacy rules) has failed to provide adequate provision for an eligible person. See our family provision claims in Victoria guide.
Time Limits and Urgency
The Victorian family provision time limit is six months from the date of the grant of probate or letters of administration (section 99 of the Administration and Probate Act 1958 (Vic)). The Court may extend that time where it considers it appropriate to do so, but two statutory constraints matter in practice:
- any application to extend time under section 99 must be made before the estate has been finally distributed; and
- an extension of time under section 99, or an order made on the extended application, does not disturb or invalidate a distribution properly made before the extension application was brought — so a late claimant cannot generally recover assets already distributed. Section 99A is a separate executor protection: after the six-month period has ended, an executor who has not received an application or notice of intended application may distribute in reliance on section 99A; where a notice of intention has been received, the intending applicant must notify the executor of the actual application within the statutory three-month period.
Validity challenges and revocation applications are not governed by the same fixed statutory window, but delay corrodes the evidence — the solicitor who took instructions retires, medical practitioners lose recollection and the executor distributes assets to beneficiaries who spend or dissipate them. Prompt legal advice is essential.
Distribution Risk — Why Speed Matters
The section 99 six-month period and a section 33 notice of intended distribution under the Trustee Act 1958 (Vic) are separate protections, not a fixed sequence — an executor does not need to wait for one before using the other, and each protects the executor against different risks. See our notices of intended distribution guide for how the section 33 notice operates. Not every executor uses these protections carefully. Where a distribution is imminent and a genuine ground of challenge exists, urgent advice is needed to consider:
- an application to revoke the grant;
- an urgent family provision application (with or without an application to extend time);
- an injunction restraining further distribution; and
- notice to the executor putting them on notice of the claim so that any further distribution is at their personal risk.
For general executor obligations before distribution, see our executor duties in Victoria guide.
Types of Challenge — At a Glance
| Type of challenge | When it is usually raised | Key risk | Urgency |
|---|---|---|---|
| Validity challenge (capacity, undue influence, fraud, later will) | Before probate ideally; also after grant, paired with revocation | Evidence loss with delay; costs risk | Act quickly — before or shortly after grant |
| Application to revoke probate | After probate, when a fresh ground emerges | Recovery from already-distributed assets is not guaranteed | High — before any distribution |
| Family provision (TFM) claim | Within 6 months of the grant | Time bar; distribution before claim filed | File within 6 months of the grant |
| Probate caveat (pre-grant only) | Before the grant is made — cannot be used once probate has issued | Costs consequences for an unmeritorious caveat | Lodge as soon as a genuine ground is identified |
When to Get Advice
Any of the following warrants same-week advice from a Victorian estate litigation lawyer:
- you have been left out of a will, or your share is significantly less than expected;
- you are concerned the will was signed when the deceased may have lacked capacity or been pressured;
- a later will has been located after probate was granted on an earlier will;
- the executor is close to distributing and a claim has not yet been made;
- you are an executor who has been served with a claim, or given notice of an intended claim.
For our Parke Lawyers estate litigation service page, see estate litigation and TFM claims. For probate and estate administration generally, see probate and estate administration. Background context on the probate process itself is in our probate in Victoria guide.
Frequently Asked Questions
Can a will be challenged after probate is granted?
Yes. A grant of probate confirms that the Supreme Court of Victoria has accepted the will for administration, but it does not extinguish underlying claims. A family provision (TFM) claim, an application to revoke the grant, or a validity challenge based on capacity, undue influence or fraud can all be brought after probate — subject to strict time limits and the practical difficulty of recovering assets that have already been distributed.
Is it too late to contest a will after probate?
Not necessarily. A family provision claim must generally be filed within six months of the grant of probate under section 99 of the Administration and Probate Act 1958 (Vic). Applications to revoke probate or challenge validity on grounds such as lack of testamentary capacity, undue influence, fraud or a later will can also be made after the grant. The critical issue is usually urgency — waiting increases the risk that the estate has been distributed.
What is the time limit to contest a will in Victoria?
Family provision (TFM) claims: six months from the date of the grant of probate or letters of administration (section 99 of the Administration and Probate Act 1958 (Vic)). The Court may extend that time where appropriate, but any application for an extension must be made before the estate has been fully distributed, and an order extending time does not disturb distributions properly made before the extension application was brought. Revocation of probate and validity challenges are not governed by a single fixed limitation period, but delay materially weakens a case and increases costs risk.
Can probate be revoked in Victoria?
Yes. The Supreme Court of Victoria can revoke a grant of probate where a later will is discovered, where the will admitted to probate is shown to be invalid (for example, for lack of testamentary capacity or undue influence), or where the grant was obtained by fraud or without proper disclosure. This is separate from removing or discharging an executor who is unfit to continue administering the estate, which is generally dealt with under section 34(1)(c) of the Administration and Probate Act 1958 (Vic) and does not, by itself, mean the will is invalid. Revocation applications are technical and should be commenced with legal advice as soon as the ground is known.
What if the executor has already distributed the estate?
The position differs depending on the type of claim. For a family provision (TFM) claim under section 99 of the Administration and Probate Act 1958 (Vic), the Court may extend the six-month period where appropriate, but the extension application must be made before the estate has been finally distributed, and an extension or order does not disturb distributions properly made before the extension application was brought — so a late claimant generally cannot unwind earlier distributions. Section 99A is a separate executor protection: once the six-month period has ended, an executor who has not received an application or a notice of intended application may distribute in reliance on section 99A; where a notice of intention was received, the intending applicant must notify the executor of the actual application within the statutory three-month period. A validity challenge or revocation application raises separate questions about whether any tracing or other remedy is realistically available against beneficiaries who received the property, and this depends heavily on the individual facts; no recovery from beneficiaries can be assumed. Prompt advice and, where the grant has not yet issued, a probate caveat, or after the grant an urgent application to restrain further distribution, are what actually protect a claim before assets are distributed.
Is a caveat still useful after probate has been granted?
No — a probate caveat is a pre-grant mechanism only. It prevents a grant of probate being issued while a challenge is investigated, but it cannot retrospectively undo a grant that has already been made. Once probate has issued, the relevant options are an application to revoke the grant and, where appropriate, an injunction or other interim relief restraining further distribution, or an urgent family provision application. Legal advice should be obtained immediately if a distribution is imminent and there is a genuine ground to challenge the will.
Estate Litigation & TFM Claims
Considering a challenge after probate? Act quickly.
Parke Lawyers advises Victorian beneficiaries and executors on family provision claims, will validity challenges, revocation of probate and urgent applications to restrain distribution — with the speed these matters demand.
This article is general information only and does not constitute legal advice. Please obtain advice tailored to your circumstances.