Contesting a will and family provision claims in the ACT

• Family Provision Act 1969 (ACT) (ACT)

  The principal Act (current republication in force since 12 December 2023). Section 7 sets out who can apply: a partner (including some former partners), a person in a domestic relationship with the deceased for 2 or more years, and children, stepchildren, grandchildren and parents, with conditions for the last three. Section 8 lets the Supreme Court order provision where adequate provision is not available under the will or intestacy, weighing the criteria in section 8(3). Section 9 sets the six month time limit from the ACT grant and the Court's power to extend it. Sections 20 and 21 deal with property already distributed and protect administrators who distribute after giving notice. Section 22 requires the Court to consider the will maker's reasons.

• Administration and Probate Act 1929 (ACT) (ACT)

  Governs grants of probate, letters of administration and reseals in the ACT (section 80 allows a grant from an Australian state, a Commonwealth country or another country prescribed by regulation to be resealed), the powers and duties of executors and administrators, and distribution on intestacy (part 3A). Section 64 sets out the optional public notice before distribution: claims must be invited within a stated period of at least 1 month, and the estate is distributed after the later of that period and 6 months from the grant.

• Wills Act 1968 (ACT) (ACT)

  Sets out how a will is made, altered and revoked in the ACT, including the requirements for signing and witnessing, revocation by marriage, civil union or civil partnership (section 20), the effect of a divorce or other termination (section 20A), the Court's power to accept a document not executed with the formal requirements (section 11A), and court-authorised wills for people who lack capacity (part 3A).

• Court Procedures Rules 2006 (ACT) (ACT)

  The rules of court for ACT courts (republication in force from 1 August 2026). Division 3.1.7 covers caveats, division 3.1.8 covers revocation of a grant, and division 3.1.9 covers other probate proceedings, such as a dispute about whether a will is valid. An application under the Family Provision Act is started by originating application (rule 34(2)), with supporting affidavits filed and served with it (rule 64). Rules 1179 and 1180 cover court-referred mediation, and part 2.17 covers costs.

• Domestic Relationships Act 1994 (ACT) (ACT)

  Section 3 defines a domestic relationship: a personal relationship between 2 adults in which one provides personal or financial commitment and support of a domestic nature for the material benefit of the other. The people need not live in the same household, and a relationship does not exist only because one person provides a service to the other for pay, or on behalf of another person or a charitable organisation. The Family Provision Act uses this meaning in section 7(1)(b), and property orders under section 15 of this Act are one of the section 8(3) criteria.

• Superannuation Industry (Supervision) Act 1993 (Cth) (CTH)

  Commonwealth law regulating superannuation, including death benefits. A fund can pay a death benefit to the member's dependants or to their legal personal representative (the executor or administrator). A benefit paid directly to a dependant or nominee is not part of the ACT estate, and the Family Provision Act has no notional estate power to reach it; a benefit paid to the legal personal representative does form part of the estate.

• Supreme Court of the Australian Capital Territory

  The court that makes grants of representation, hears family provision applications under the Family Provision Act 1969 and decides contested probate proceedings in the ACT. The registry is at 4-6 Knowles Place, Canberra City, phone (02) 6205 0000, 8.30am to 4.30pm Monday to Friday.

• ACT Supreme Court - Probate, administration and reseal of foreign grant

  The Court's guidance on applying for probate where the deceased left a valid will with an appointed executor, for letters of administration where there is no will or no executor able to apply, and for resealing a grant made elsewhere. A notice of intention to apply must be published on the Court's website 14 days to 3 months before filing.

• ACT Courts

  The ACT Courts website, with the Supreme Court's forms, fee schedules, practice directions and contact details. The Supreme Court registry receives probate applications, caveats and originating applications.

• Public Trustee and Guardian ACT

  Makes wills, keeps the ACT Will Register, helps people find a will and administers deceased estates. It can act as executor or administrator, including under an order to collect and administer an estate.

• ACT Court of Appeal

  The Supreme Court sitting in its appeal jurisdiction, usually as three judges. It hears appeals from judgments of single judges of the Supreme Court, including in family provision and probate matters.

1. 01Find out whether a grant has been made

   Search the ACT Supreme Court's online probate notices: a notice of intention to apply for probate, letters of administration or a reseal must be published 14 days to 3 months before the application is filed, and notices stay searchable for 12 months. Then ask the Supreme Court registry whether a grant has issued and on what date, because the six month period in section 9(1) runs from the ACT grant. Registry search fees can apply ($223 an hour, minimum $37.17, from 1 July 2026).

   Typical timeframe: As soon as possible

2. 02Confirm your eligibility under section 7

   Work out which section 7 group you are in: partner (including some former partners), domestic relationship of 2 years or more, child, stepchild, grandchild or parent. A stepchild must have been maintained by the deceased immediately before death, and grandchildren and parents must meet the conditions in section 7(3) and (4).

   Typical timeframe: Early, before you spend money on a claim

3. 03Notify the personal representative

   Write to the executor or administrator giving notice of your intended claim and asking for a copy of the will, the grant, and a statement of the estate's assets and liabilities. The protection for distributing the estate in sections 20 and 21 ends once the executor or administrator has notice of a family provision application, or of an application to extend time.

   Typical timeframe: Before the estate is distributed

4. 04Prepare your evidence and negotiate

   Gather evidence of your financial position, your relationship with the deceased, any contributions you made and any health issues, because these match the criteria in section 8(3). Negotiation can continue alongside the deadline, but it does not stop the six months running.

   Typical timeframe: Within the six months

5. 05File in the ACT Supreme Court

   File an originating application with a supporting affidavit within six months of the grant, or ask the Court to extend time if the period has passed and the estate is not fully distributed. The application counts as made on the day it is filed (section 9(5)). You must serve each executor or administrator (section 10); the Court can order that others, such as beneficiaries, also be served. From 1 July 2026 the filing fee for an individual is $2,201.

   Typical timeframe: Within six months from the grant

6. 06Directions and mediation

   The Court gives directions for evidence about the estate, valuations and the exchange of affidavits. It can refer the case to mediation (rule 1179), and each party must then take part genuinely and constructively (rule 1180). The Supreme Court runs court-based mediation for family provision cases.

   Typical timeframe: Set by the Court's directions

7. 07Hearing and judgment

   If the matter does not resolve it is listed for hearing, and a further fee applies when it is set down ($1,300 for an individual from 1 July 2026). The Court decides whether adequate provision is available, what provision to order, and who pays the costs.

   Typical timeframe: Varies with the Court's list; ask the registry

Costs in ACT family provision proceedings are in the Court's discretion (Court Procedures Rules 2006 rule 1721). An executor or administrator is generally entitled to have their costs paid out of the estate unless the Court orders otherwise, but costs caused by unsuccessfully resisting a claim are not paid from the estate unless the Court orders otherwise (rule 1732). An applicant who loses can be ordered to pay costs, and every dollar spent on lawyers reduces the estate being argued over. Court fees are set by the Court Procedures (Fees) Determination 2026 and change each 1 July. From 1 July 2026 the fees for an individual are $2,201 to file the document that starts a proceeding ($4,403 for a corporation), $366 for an application within a proceeding, and $1,300 when the matter is set down for hearing, plus a daily hearing fee from the second hearing day. The main holder (not a dependant) of a Health Care Card, Low Income Health Care Card or Pensioner Concession Card is exempt from these fees (Fees Determination section 6), and the registrar can waive all or part of a fee if paying it would cause hardship (Court Procedures Act 2004 section 15). Ask for a written costs estimate before filing, and an update before each contested step, so that you can weigh the likely net benefit of continuing.