How to contest a will in Queensland

Queensland law allows certain family members and dependants to apply to the Supreme Court for a share (or larger share) of an estate if they have been left without adequate provision. This is called a family provision application under the Succession Act 1981 (Qld).

Who can make a claim?

• The deceased's spouse, de facto partner or civil partner.
• The deceased's child (biological, adopted or step).
• A person who was wholly or substantially maintained by the deceased.

Strict deadlines

• Notice of intention to claim: within 6 months of the date of death.
• Court application: within 9 months of the date of death.

What the court considers

The court weighs your relationship with the deceased, your financial position, the size of the estate, the needs of other beneficiaries, and the deceased's reasons for the distribution.

How most claims actually end

The vast majority settle at a court-ordered mediation. Trials are uncommon — they are expensive and the result is unpredictable, so most parties find a number that works.

Cost of a claim

Most Brisbane wills lawyers offer family provision work on a "no win, no fee" basis. Costs of the successful claimant are usually paid from the estate. Unsuccessful claimants may have to pay their own legal costs.