Not everyone who feels they should have received more from an estate has a legal remedy — but some do. Part IV of the Administration and Probate Act 1958 (Vic) provides a mechanism for eligible persons to apply to the Supreme Court of Victoria for provision from an estate where the Will (or intestacy rules) have not made adequate provision for them. These matters require swift action: strict time limits apply.
A Part IV family provision claim is an application to the Supreme Court of Victoria by an 'eligible person' who believes the deceased's Will (or intestacy) did not make adequate provision for their proper maintenance and support. If successful, the court can order that a greater share of the estate be given to the applicant.
Eligible persons under Part IV of the Administration and Probate Act 1958 (Vic) include: the spouse or domestic partner of the deceased; a child of the deceased (including adult children); a stepchild in some circumstances; and a registered caring partner. The mere fact that you are eligible does not guarantee success — the court must be satisfied that adequate provision was not made, and it weighs many factors including the size of the estate, competing claims, and the nature of the relationship between the claimant and the deceased.
Separately, the validity of a Will can be challenged on grounds including lack of testamentary capacity, undue influence, fraud, or failure to comply with execution requirements. These are distinct from Part IV claims and are pursued through different proceedings. Time limits also apply.
A Part IV application must generally be made within six months of the Grant of Probate or Letters of Administration being issued. This deadline can be extended by the court in limited circumstances, but you should act immediately.
The application is filed in the Supreme Court of Victoria. It sets out the claimant's relationship with the deceased, the current estate, and why adequate provision has not been made.
Most Part IV claims are resolved at a court-ordered mediation rather than a full trial. Both parties exchange evidence and, with the assistance of a mediator, attempt to reach a negotiated outcome.
If mediation does not resolve the matter, the claim proceeds to trial before a Supreme Court judge. The judge considers all relevant factors and makes an order — which may increase the claimant's share of the estate.
General information only. This is not legal advice — your situation is unique. Contact us for advice specific to your circumstances.
We assess whether you have a viable Part IV claim — honestly — before you commit to proceedings. If your claim is strong, we move quickly to file within the six-month window.
Executors and beneficiaries defending Part IV claims need experienced representation. We advise on the estate's position and defend claims that are disproportionate or without merit.
Where there are genuine concerns about capacity, undue influence or fraud, we advise on challenging the validity of the Will and what evidence is needed.
Will disputes arise at a time of grief. We aim to resolve them as efficiently as possible — through mediation wherever viable — to spare all parties the cost and pain of a trial.
You generally have six months from the date the Grant of Probate or Letters of Administration is issued to file a Part IV application. The court can extend time in limited circumstances, but you should not rely on this. Seek advice immediately if you believe you have a claim. This is general information only.
Yes. Adult children are eligible persons under Part IV of the Administration and Probate Act 1958 (Vic) and can apply for provision from an estate. Success depends on many factors — including the size of the estate, the claimant's financial circumstances, and the nature of the relationship. This is general information only.
Contesting a Will challenges its validity (on grounds such as lack of capacity or undue influence) and, if successful, means the Will is set aside entirely. A Part IV claim accepts the Will as valid but asks the court to increase the claimant's provision from it. They are distinct proceedings with different legal bases. This is general information only.
Yes. Being left out entirely — or receiving a grossly inadequate share — is the most common basis for a Part IV application. The court will consider all circumstances, including why the deceased may have excluded or limited the claimant's share. This is general information only.
The court considers many factors — the size and nature of the estate, the claimant's financial circumstances and needs, other beneficiaries' needs, the nature of the relationship between claimant and deceased, and any contributions made by the claimant to the deceased's estate or welfare during their lifetime. This is general information only.
The information on this page is general information only and does not constitute legal advice. Your situation is unique — please contact us for advice specific to your circumstances.
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