When someone you loved passes away and their will leaves you with nothing or far less than you expected, it raises a painful question: Can you do anything about it?
Yes, you can. Queensland’s law allows certain family members to contest a will if the deceased failed to provide adequate financial support. But there’s a strict time limit, and you need to understand who qualifies, what grounds exist, and how the process works.
At Securator Legal, we help clients handle family provision claims and figure out their rights.
In this article, we’ll cover who can contest a will in Queensland. We’ll also share the legal grounds and process, important deadlines, and what happens during mediation.
Read on to learn the main steps to making a successful family provision case in QLD.
Who Can Contest a Will in Queensland?
Under Queensland’s Succession Act 1981, only three categories of people can contest a will: spouses, children, and dependants. If you fall outside these groups, the Supreme Court won’t hear your case, regardless of how close you were to the deceased.
Let’s go through who qualifies under each group and what the court looks for in determining eligibility.
Spouse or de Facto Partner
‘Spouse’ carries a broad legal definition in Queensland that often surprises people. For example, even after divorce, current or former spouses can claim under the Succession Act. And de facto partners qualify to contest only after living together on a domestic basis for at least two years before the date of death.
Now, the court will examine if you truly lived as partners during this timeframe by looking at factors like shared finances and mutual commitment (a real relationship always leaves traces). Apart from that, a registered partner under the Relationships Act also has standing to contest.
Children and Stepchildren
Your eligibility as a child doesn’t depend on how close you were to the person who passed away. Even if you were distant or hadn’t spoken in years, you can still qualify. The law sees all children equally, which means biological, adopted, and stepchildren all have the same standing.
And if you were born outside of marriage, don’t worry. The rules give you the same rights as anyone else.
Queensland even allows an unborn child to contest through an appointed legal representative. The law recognises that a child conceived before the deceased’s death has a legitimate case to provision.
Pro tip: If you’re unsure which category you fall into, get legal advice before taking action. Courts are usually very strict about definitions.
What Are the Grounds and Process for Contesting a Will in QLD?
Most people don’t realise there are two completely different ways to challenge a will in Queensland, each with its own legal grounds and process. One involves claiming the will is valid but unfair, while the other argues the will itself isn’t legally valid and shouldn’t stand.
When you understand which path fits your situation, you save time, stress, and money, and avoid filing the wrong type of claim.
How about we take a closer look at what each type of dispute means?
Family Provision Claims for Inadequate Provision
This is where you accept the will is legally valid, but argue it leaves you without enough financial assistance. Here, an eligible applicant applies with the Supreme Court claiming insufficient provision for maintenance (and it’s okay to want what’s fair).
And the court needs to hear you because the deceased had a moral duty to provide for you, but didn’t. After you apply, the court assesses your financial situation and the size of the estate to decide if you should receive more support to meet your ongoing needs.
Challenging Will Validity
A validity challenge works differently because you’re attacking the will itself. Maybe your father signed a new will three days before death while heavily medicated, or a sibling manipulated him into changing it.
In such cases, the court focuses on the testator’s mental capacity at the time the will was made. It also considers applications involving fraud, forgery, or undue influence.
Once you succeed in your challenge, the court can turn to an earlier will or distribute the estate according to intestacy rules.
What Factors Does the Supreme Court Consider?
The Supreme Court weighs your financial need, the estate’s size, your relationship with the deceased, and competing claims from other family members when deciding your case. They determine whether you receive anything at all, and if so, how much.
These factors usually guide the outcome of your case:
- Financial Position and Size of the Estate: You need to show that you truly need help from the estate. If you struggle to cover rent, bills, or daily costs, that shows financial need. The size of the estate then affects how much support you could actually get.
- Relationship with the Deceased: Your connection with the person who passed away plays a huge role. Like, if you stayed close or helped care for them, that shows actual involvement. But if you were apart for a long time, your dispute can be harder to prove.
- Competing Claims From Others: You might not be the only one asking for support. When other family members also make claims, the court compares each person’s situation.
- Fairness and the Deceased’s Wishes: In the end, the court tries to keep things fair for everyone. It looks for a balance between helping you and respecting what the deceased wanted. The goal is to make sure every person gets fair and reasonable support.
The better you understand these factors, the easier it becomes to build a case that stands up in court and respects everyone involved.
What Are the Time Limits for Contesting a Will in Qld?
You have six months to notify the executor and nine months from the date of death to file your claim in the Supreme Court of Queensland. These deadlines are strict, and missing them can permanently bar you from contesting a will.
Here’s how the process plays out once the clock starts ticking:
Six-Month Notice to Executor
The first deadline you need to meet is the six-month notice period. Notify the executor in writing within six months of the date of death, even if you’re not ready to file your full claim yet.
This step is important because a written notice protects your right to file a dispute later. Once the executor receives your notice, they know they need to hold off on finalising distributions until your matter resolves.
Nine-Month Filing Deadline and Late Applications
After you give notice, you have nine months from the date of death to file your case with the court. Even if you don’t find out about the will right away or need time to get paperwork together, that clock keeps ticking from the day the person passed away.
Remember, the court only gives extensions in rare cases and usually needs both a solid reason and the executor’s agreement for that. So it’s best not to rely on getting extra time if you miss the deadline (grief makes time blurry, but the law doesn’t wait).
Caution: Don’t assume being interstate or overseas gives you more time. The deadlines apply even if you live outside Queensland.
What Happens During Mediation and Settlement?
Mediation helps you resolve disputes faster, save money, and keep issues private. Instead of a stressful courtroom battle, you get a chance to talk things through and reach an agreement that works for everyone during mediation.
Let’s get into more detail about how mediation works and what happens with costs.
Court-Required Mediation Process
Before your case goes to trial, you’ll meet with the other parties and a neutral mediator to talk through the dispute and look for common ground. Most families settle within 12 to 24 months of filing, though bigger estates with many people involved can take longer.
The mediator’s job is to guide the discussion and help everyone see the strong and weak points in their cases, without the stress or high costs of court. Settling not only saves time and money but also helps families avoid years of tension and drawn-out litigation.
Legal Costs and Who Pays
When your claim goes well, the estate often pays your legal costs, so your inheritance stays protected. But if your case doesn’t hold up, you might have to cover your own costs and sometimes the other side’s too.
That’s why it helps to get legal advice early and ensure your dispute is strong enough before you start.
Need Help Contesting a Will in Queensland?
To contest a will in Queensland, you must meet eligibility requirements, understand the right type of application, and move within strict time limits. If you believe you’ve been unfairly left out or underprovided for, seek advice as soon as possible.
In this guide, we’ve discussed who can contest a will and the legal grounds for doing so. You’ve also learned about the time limits, the factors the court considers, and how mediation helps most people reach a fair outcome.
If you’re ready to discuss your next steps, contact us. We at Securator Legal can review your case and guide you through the process of contesting a will.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Every individual’s circumstances are unique, and the information provided may not apply to your specific situation. Securator Legal does not accept responsibility for any loss, cost, or damage incurred as a result of reliance on the material in this article. For tailored advice, we strongly recommend consulting a qualified legal professional before making any decisions regarding wills or estate planning.