From pointonpartners.com.au: In Victoria, individuals who believe they have been unfairly excluded from a will or inadequately provided for may file a Family Provision claim, but only ‘eligible persons’ such as spouses, children, and certain others can apply.
The courts assess claims by considering various factors, including the nature of the relationship with the deceased and the individual’s financial needs, but do not rewrite wills arbitrarily.
Claims must be submitted within six months of the grant of probate, and although most cases are resolved through mediation, legal costs can range from $25,000 to $40,000, with options for fee arrangements available.