Written by: Richele Nelsen When a loved one passes away, discovering that you’ve been left out of their will—or inadequately provided for—can be deeply distressing. Beyond the emotional impact, it may leave you facing genuine financial hardship.
If you believe a will doesn’t properly reflect your relationship with the deceased or fails to make adequate provision for you, you have legal rights in Queensland that allow you to challenge it.
Contesting a will (QLD) is a complex legal process with strict timeframes and specific eligibility requirements. Our November 2025 guide helps you understand your rights, the grounds for challenging a will, and the steps involved, so you can make informed decisions during an already difficult time.
Who can contest a will in Queensland?
Not everyone can challenge a will in Queensland. The Succession Act 1981 (QLD) restricts who has the legal standing to bring a claim, ensuring that only those with a genuine connection to the deceased can contest the distribution of their estate.
Eligible applicants include:
- Spouses and de facto partners: This includes married, opposite-sex, and same-sex partners. De facto partners must prove a genuine domestic relationship, typically of at least two years.
- Children: All biological and adopted children, and in some cases stepchildren who were treated as part of the family, may contest a will.
- Dependants: Anyone who was wholly or substantially financially dependent on the deceased, such as elderly parents or disabled relatives, may also be eligible.
Former spouses who have remarried generally cannot contest a will unless they can demonstrate continued dependence. Similarly, estranged family members face additional hurdles in proving their eligibility, though estrangement alone doesn’t automatically disqualify someone from making a claim.
Grounds for contesting a will in Queensland
Being eligible to contest a will is only the first step. You must also establish valid legal grounds for your challenge. In Queensland, there are two primary categories of grounds for contesting a will: family provisions claims and validity challenges.
1. Family provision claims
The most common type of will dispute is a family provision claim under the Succession Act 1981 (QLD). These claims argue that the will has not made adequate provision for the proper maintenance and support of an eligible person.
To succeed in a family provision claim, you must prove:
- You are an eligible person under the Act
- The will has failed to make adequate provision for your proper maintenance and support
- The court should exercise its discretion to alter the distribution of the estate in your favour.
The court considers numerous factors when assessing whether adequate provision has been made.
Factors the courts consider when determining a claim
| Factor | How courts assess it |
| Your financial resources and needs | Courts assess your financial position, including income, assets, liabilities, living costs, and future needs. Being financially comfortable doesn’t bar a claim, but it is weighed against other factors. |
| The size of the estate | The estate’s value is crucial: larger estates can support more or larger claims, while smaller ones cannot. Courts also consider whether assets are liquid or tied up in property or business interests. |
| Any disabilities you may have | Disabilities, chronic illness, or special needs that limit earning capacity or require ongoing care carry significant weight in determining adequate provision. |
| Your relationship with the deceased | Courts examine the nature and quality of your relationship, including cohabitation, emotional closeness, estrangement (and its cause), contributions to the deceased, and any moral obligations owed. |
| Competing claims from other beneficiaries | Your entitlement is balanced against the needs and relationships of other eligible beneficiaries, which may limit what you receive. |
| The deceased’s reasons for the distribution (if known) | If the deceased left reasons for their decisions, courts consider them, provided they are rational and based on accurate information. |
Family provision claims exist to ensure that people who had a genuine relationship with or dependence on the deceased are not left without adequate support.
Learn more: What grounds do you have to contest a will?
Lawyer insight
A common misconception we encounter is adult children assuming they have an automatic right to inherit. Queensland law doesn’t work that way. Even if you’re an eligible applicant, you must demonstrate that the will has failed to make adequate provision for your proper maintenance and support. This requires examining your financial circumstances, your relationship with the deceased, and competing claims from other beneficiaries.
2. Validity challenges
Validity challenges are distinct from family provision claims.
While a family provision claim accepts the will is valid but argues for a greater share, a validity challenge seeks to have the will declared invalid entirely. If successful, an earlier valid will would govern the estate, or if no earlier will exists, the estate would be distributed according to intestacy rules.
Common grounds for validity challenges
Lack of testamentary capacity | The deceased did not have the mental capacity to understand the nature of making a will, the extent of their property, or the claims of potential beneficiaries when the will was made. |
Undue influence | Someone exerted improper pressure on the deceased, overriding their free will and forcing them to make provisions they wouldn’t have otherwise made. |
Fraud or forgery | The will was forged, the deceased’s signature was forged, or the deceased was deceived about the contents of the will. |
Improper execution | The will wasn’t properly signed and witnessed according to Queensland’s formal requirements under the Succession Act. |
Key takeaway
Family provision claims are more common and don’t require proving wrongdoing, just that the will doesn’t adequately provide for you. Challenging a will in QLD based on validity is a more serious allegation that require substantial evidence.
Time limits for contesting a will in Queensland
One of the most critical aspects of contesting a will in Queensland is adhering to strict time limits. Missing these deadlines can permanently bar you from making a claim, regardless of how strong your case might be.
Time limits for family provision claims
For family provision claims in Queensland, there are two critical time limits you must meet:
- Six months from the date of death to give written notice of your intention to make a claim to the executor.
- Nine months from the date of death to file your application in the Supreme Court.
The time limit begins on the date of death, not when you learned about the will’s contents or when probate was granted.
If notice isn’t given within six months, the executor may distribute the estate without personal liability. Similarly, if the court application isn’t filed within nine months, you risk losing your right to bring the claim, unless the court grants an extension in very special circumstances.
Time limit extensions
Courts can grant extensions beyond the nine months, but only in exceptional circumstances.
To do this, you’ll need to show:
- A sufficient explanation for the delay
- That you have reasonable prospects of success in your claim
- That granting the extension wouldn’t cause undue prejudice to the beneficiaries or the estate.
The longer you wait, the harder it becomes to obtain an extension. Courts are particularly reluctant to grant extensions after the estate has been fully distributed, as this can create significant complications and unfairness to beneficiaries who have already received and possibly spent their inheritance.
Validity challenges have different timeframes
For family provision claims in Queensland, there are two critical time limits you must meet:
- Six months from the date of death to give written notice of your intention to make a claim to the executor.
- Nine months from the date of death to file your application in the Supreme Court.
Different timing rules apply if you’re challenging a will’s validity. These challenges are ideally made before probate is granted, usually by lodging a caveat, but they can sometimes be brought after probate, depending on when you became aware of the grounds and how long you delay.
Unlike family provision claims, there is no fixed nine‑month statutory deadline for validity challenges in Queensland. Nevertheless, acting promptly is crucial, as delays—especially after the estate has been distributed—can make it harder to convince the court.
The legal process for contesting a will
Understanding the process of contesting a will can help you prepare for what lies ahead. While each case is unique, most will disputes follow a similar trajectory.
1. Initial consultation and case assessment | Your first step should be meeting with an estate dispute lawyer. During this consultation, your lawyer will:
This initial assessment is crucial. Not every case that feels emotionally justified has strong legal merit, and a good lawyer will provide you with an honest appraisal of your prospects. |
| 2. Gathering evidence and documentation | If you decide to proceed, your lawyer will help you gather the necessary evidence. This typically includes:
For validity challenges, you may need additional evidence such as medical records demonstrating the deceased’s mental state, witness statements about undue influence or suspicious circumstances, or handwriting analysis if forgery is alleged. |
| 3. Filing the application | Your lawyer will prepare and file an Application for Provision or an application challenging validity with the Queensland Supreme Court. This application formally commences your claim and must be served on the executor and other interested parties. |
| 4. Negotiation and mediation | Most will disputes in Queensland are resolved without going to trial. After applications are filed and initial evidence exchanged, parties often engage in settlement negotiations or court-ordered mediation. Mediation brings all parties together with an independent mediator to explore settlement options. It is generally faster and less expensive than a trial and allows for more flexible, creative solutions than a court order. Settlement negotiations typically consider:
For example, in one of our recent Queensland cases, mediation resulted in a three-way split of the estate between siblings, helping our client secure financial support for his children and mortgage. |
| 5. Court proceedings and trial | If a settlement cannot be reached, your matter will proceed to a trial before a Supreme Court judge. Both sides present evidence, including witness testimony and expert reports. The judge will then make a determination based on the evidence and applicable law. Trials are expensive and time-consuming, often taking several days and resulting in substantial legal costs. However, when parties cannot agree, a trial may be the only way to resolve the dispute. |
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Common challenges and how to overcome them
Contesting a will in Queensland can be complex, and various challenges may come up during the process. The most common being estrangement or allegations of ‘will shopping’.
| Challenge | How your lawyer will overcome it |
| Estrangement from the deceased | Being estranged from the deceased doesn’t automatically bar you from making a claim, but it does complicate matters. Courts examine who was responsible for the estrangement and whether attempts at reconciliation were made.
To overcome estrangement issues, your lawyer may demonstrate that you made efforts to reconcile, show that the estrangement was initiated or maintained by the deceased without good reason, or prove that despite the estrangement, you remain in financial need and have no alternative support available. |
| Claims you were adequately provided for during the deceased’s lifetime | Executors sometimes argue that gifts or financial support provided during the deceased’s lifetime amount to adequate provision. However, courts recognise that lifetime gifts don’t always satisfy ongoing obligations, particularly where circumstances have changed. |
| Allegations of ‘will shopping’ | If a claim appears to be based solely on a preference for an earlier will, allegations of ‘will shopping’ may arise. Courts look unfavourably on challenges motivated by dissatisfaction alone.
Your lawyer will ensure the claim is grounded in legitimate legal principles, such as lack of adequate provision or issues with the will’s validity, rather than mere preference. |
| Estate already distributed | If the estate has already been distributed before a claim is made, pursuing compensation becomes significantly more complex. While not impossible, court permission is required and additional legal hurdles apply.
This highlights the importance of acting quickly, as early legal advice can prevent assets from being distributed before your rights are protected. |
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Costs of contesting a will in Queensland
One of the most common questions people ask is: How much will it cost to contest a will? In Queensland, most straightforward matters that settle early cost between $10,000 and $30,000, while more complex disputes—especially those that proceed to trial—can be significantly higher.
Professional legal fees
Your total costs will depend on the complexity of your case, the work required, and whether the matter settles or goes to court. In addition to legal fees, you may also incur court filing fees, mediation fees, expert reports, and other disbursements such as process serving or document production, known as disbursements.
Who pays the costs?
In family provision claims, successful applicants often have their reasonable legal costs paid out of the estate, whereas unsuccessful or unreasonable cases of contesting a will may result in paying both your own costs and the other party’s. For validity challenges, the usual rule that the losing party pays the winner’s costs applies more strictly, making these matters financially riskier.
No Win No Fee
We offer a No Win No Fee service, so you won’t pay our legal fees unless your claim succeeds.
Our Brisbane estate dispute lawyers aim to secure a fair and practical outcome, and we’ll always give you an honest assessment of your chances. From the outset, we’ll explain the time and investigations required and whether pursuing the claim is realistically worthwhile for you.
