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My Legal Will

In Victoria, one clock starts at the death and two at the grant.

Victoria’s Acts count thirty days from a death, and six months from the grant for two different applications. Drawn here to scale, in each Act’s own words.

Victoria: the clocks one death startsDrawn to scale

From the death

A gift to someone who dies soon after30 days1
036912 months

From the grant, in each Act’s own words

Correcting the will6 months2
Family provision6 months3
036912 months

A grant comes some time after a death, and how long after differs from one estate to the next. So each ruler is drawn from its own starting point, and they are not lined up.

  1. 1

    A gift to someone who dies soon after · 30 days after the death

    If a disposition is made to a person who dies within 30 days after the death of the testator, the will is to take effect as if the person had died before the testator.

    Wills Act 1997 (Vic), s 39(1)

    Subsection (1) does not apply if a contrary intention appears in the will.

    Wills Act 1997 (Vic), s 39(2)

    A general requirement or condition that a beneficiary survive the testator is not a contrary intention for the purpose of this section.

    Wills Act 1997 (Vic), s 39(3)
  2. 2

    Correcting the will · 6 months after the grant

    A person who wishes to make an application for an order under subsection (1) must apply to the Court within 6 months from the date of the grant of probate.

    Wills Act 1997 (Vic), s 31(2)

    The Court may extend the period of time for making an application if the Court thinks this is necessary, even if the original period of time has expired, but not if the final distribution of the estate has been made.

    Wills Act 1997 (Vic), s 31(3)
  3. 3

    Family provision · 6 months after the grant

    An application to the Court for a family provision order must be made within 6 months after the date of the grant of probate of the will or of letters of administration, as the case may be.

    Administration and Probate Act 1958 (Vic), s 99(1)

    Despite subsection (1), on application, the Court may extend the period for making an application for a family provision order if, after hearing such of the parties affected as the Court thinks necessary, the Court considers it appropriate to extend the period, including in any case where the time for making an application has already expired.

    Administration and Probate Act 1958 (Vic), s 99(2)

    An application for extension under subsection (2) must be made before the final distribution of the estate.

    Administration and Probate Act 1958 (Vic), s 99(3)

Two rulers

The first ruler starts at the death. The second starts at the grant of probate, which comes later by a different amount for every estate, so the two are not lined up.

Six months, twice

Correcting a will and family provision each run six months from the grant, under section 31 of the Wills Act 1997 and section 99 of the Administration and Probate Act 1958. Both sections let the court extend the time, and both notes print the limit on that.

Where the words come from

  • Wills Act 1997 (Vic)Authorised Version No. 036, read 15 October 2026. Victorian Legislation, Office of the Chief Parliamentary Counsel
  • Administration and Probate Act 1958 (Vic)Authorised Version No. 130, 22 October 2025, read 15 October 2026. Victorian Legislation, Office of the Chief Parliamentary Counsel

Every sentence in quotation marks on this page is copied from the Act or rules named beneath it. Acts change; the link opens the version in force today.