Did you know that over 45% of Australians will either challenge or modify a will in their lifetime? With Australia’s ageing population and more blended families, disputes over wills are becoming more frequent. If you’re a spouse, child, or close relative who believes a will doesn’t reflect the true intentions of your loved one, it’s natural to ask: Can heirs start changing the terms of a will in Australia? Let’s explore your legal options with Legal Finda.
Understanding the Need for Changing the Terms of a Will in Australia
As family structures become more complex, many Australians over the age of 45 find themselves dealing with wills that don’t match expectations. Perhaps the will is outdated, unfair, or simply doesn’t account for all beneficiaries. You’re not alone—thousands of Australians face this challenge every year.
In this blog, we’ll break down whether changing the terms of a will in Australia is possible, what the process involves, and how you can make an informed decision during an emotionally difficult time.
Can a Will Be Changed After Death in Australia?
Short answer: Yes—but only in legally recognised circumstances.
The most common method for changing the terms of a will in Australia is through a Deed of Family Arrangement, where all beneficiaries agree to vary the terms of the will. Alternatively, a legal challenge can be mounted via the Family Provision Act if a person believes they have not been adequately provided for.
Whether you’re trying to resolve a family dispute or ensure your rightful inheritance, understanding these legal tools is crucial.
Legal Mechanisms for Changing the Terms of a Will in Australia
1. Deed of Family Arrangement Australia
A Deed of Family Arrangement is a formal agreement between beneficiaries to alter how an estate is distributed.
When is this used?
- To equalise shares among family members
- To provide more support to a dependent or vulnerable relative
- To correct an obvious mistake or omission in the will
Is it binding?
Yes. The agreement must be in writing, signed by all relevant parties, and in some cases, approved by the court (especially if minors or legally incapacitated individuals are involved).
This method is one of the most efficient ways of changing the terms of a will in Australia without going to court.
2. Modifying a Will by Agreement Between Heirs
When all adult beneficiaries consent and there are no legal disabilities involved (e.g., minors), modifying a will by agreement is possible without court intervention.
However, for this process to be valid:
- The estate must not have been fully distributed
- There should be a documented agreement
- All parties must agree voluntarily
This method can preserve family harmony and avoid the stress of litigation when everyone is on the same page.
Contesting a Will: When Agreement Isn’t Possible
If agreement isn’t possible, heirs may pursue changing the terms of a will in Australia through legal action.
Family Provision Claims
The most common legal pathway is a Family Provision Claim under the relevant Succession Act in each state or territory. This allows eligible individuals to apply for a court-ordered adjustment of the will’s terms.
Eligible individuals include:
- Spouses and de facto partners
- Biological, adopted, and stepchildren
- Former spouses
- Financial dependants
Common reasons for contesting a will:
- The applicant was excluded without reason
- The applicant was financially dependent on the deceased
- The inheritance is inadequate for the applicant’s maintenance
The court will consider:
- The relationship between the deceased and the applicant
- Financial and health needs of the applicant
- Size and nature of the estate
- Any promises or moral obligations from the deceased
This is a more formal and potentially adversarial way of changing the terms of a will in Australia, but it’s often necessary when no agreement is possible.
Case Study: A Real-Life Example
Imagine Margaret, a 72-year-old widow, discovers that her late husband’s will leaves everything to his children from a prior marriage, excluding her. She had been financially dependent on him for over a decade. With legal advice, Margaret files a Family Provision Claim. The court rules in her favour, awarding her a reasonable portion of the estate.
This case highlights how changing the terms of a will in Australia through court intervention can lead to fairer outcomes.
Common Scenarios Where Heirs Want to Modify a Will
- Blended Families: A parent remarries but doesn’t update their will, leaving out the new spouse or stepchildren.
- Unequal Treatment of Siblings: One sibling inherits far more than others, despite equal levels of support or care.
- Verbal Promises Not Reflected in the Will: The deceased may have promised assets or money verbally, but didn’t formalise it legally.
- Overlooked Dependants: A dependent child or carer is left out or inadequately provided for.
In all these situations, changing the terms of a will in Australia can restore fairness and uphold moral obligations.
Risks and Considerations Before Seeking Change
Before pursuing legal action or a family arrangement, consider the following:
- All-party agreement is essential for a Deed of Family Arrangement
- Strict time limits apply (6–12 months from the date of probate)
- Legal costs can be significant, especially if court proceedings are necessary
- Court outcomes are unpredictable, and your expectations may not be fully met
That’s why consulting an experienced estate lawyer is crucial before attempting any form of changing the terms of a will in Australia.
How Legal Finda Can Help?
Navigating inheritance disputes can be emotionally and legally complex. Legal Finda provides expert support in:
- Evaluating your eligibility to challenge a will
- Drafting and negotiating a Deed of Family Arrangement
- Representing you in Family Provision proceedings
- Ensuring compliance with state laws and deadlines
Whether you're in NSW, VIC, QLD, or elsewhere, we’re here to guide you through changing the terms of a will in Australia with clarity and care.
Conclusion
Being excluded from a will—or facing an unfair distribution—can be distressing, but Australian law does offer legitimate ways to address it.
To recap:
- Changing the terms of a will in Australia is possible by agreement or legal challenge
- A Deed of Family Arrangement can offer a fast and peaceful resolution
- Family Provision Claims allow courts to intervene when fairness is at stake
If you’re considering your options, don’t wait. Contact Legal Finda today for expert legal advice and a free consultation. Your rights matter—and with the right help, they can be protected.
