- 1Eligible people can apply for further provision from an estate if the will did not adequately provide for them.
- 2Time limits are strict: generally a notice of intended claim within 6 months of death, and court proceedings within 9 months.
- 3A carefully drafted will, with reasons recorded, reduces the risk of a successful challenge.
Ways a will can be challenged
There are two broad kinds of challenge. The first questions whether the will is valid at all — for example because the will-maker lacked capacity, was subject to undue influence, or the will was not properly signed and witnessed.
The second, and far more common, accepts that the will is valid but claims it did not make adequate provision for someone the will-maker had a responsibility to provide for. In Queensland these are called family provision applications and are made under the Succession Act 1981 (Qld).
Who can make a family provision claim
- ✓A spouse, including a de facto partner and, in some circumstances, a former spouse.
- ✓A child, including a stepchild or adopted child.
- ✓A dependant, such as a person who was being wholly or substantially maintained by the deceased.
The Court looks at the applicant's financial position and needs, their relationship with the deceased, the size of the estate and the competing claims of others before deciding whether to order further provision.
How long do you have to contest a will in Queensland?
Time limits are critical. Generally, a person intending to claim must give written notice of their intended claim to the executor within 6 months of the date of death, and must start court proceedings within 9 months of the date of death. Late claims are only allowed in limited circumstances.
For executors, these time limits also matter: distributing an estate before the limitation period has passed, after receiving notice of a claim, can expose the executor personally.
Reducing the risk of a challenge
A will cannot eliminate the risk of a claim, but it can reduce it. Clear drafting, up-to-date instructions, and a written record of the reasons for your decisions — particularly where a family member is left out or receives less — all help.
Blended families, estranged children and business assets are common sources of disputes. We take the time to understand the family context before drafting, and many estate disputes are resolved through negotiation or mediation rather than a contested hearing.
Common questions
Can I stop someone contesting my will?+
You cannot prevent an eligible person from making a claim, but careful planning — including how assets are held and recording your reasons — can reduce the likelihood of a successful challenge.
I'm an executor and have received notice of a claim — what should I do?+
Do not distribute the estate. Get advice promptly about the claim, your duties as executor and the options for resolving it.
Sources & further reading
- ↗Queensland Legislation — Succession Act 1981 (Qld), s 41 family provision
- ↗Queensland Courts — Supreme Court of Queensland
This guide is general information about Queensland and Australian law and is not legal advice. Laws change and every situation is different — speak with us about your specific circumstances before acting.
