In Queensland, the Succession Act 1981 allows a person to dispute a will if the circumstances meet certain criteria. Under this law, an eligible person can file a Family Provision Application and the Supreme Court will review the will to determine whether the testator acted in a reasonable way. The court will only consider an application from an eligible person, lodged within nine months of the testator’s death, which demonstrates sufficient basis for the action. This article lists the primary grounds for contesting a will in Queensland.

Contesting A Will

There are two different ways to dispute a will: a challenge to the validity of the will, and a contest of the provisions of a will. Someone contests a will when they believe that the testator had a moral responsibility to make adequate provision for them and that the existing distribution of the deceased estate does not reflect this obligation. In Queensland, a claimant makes a Family Provision Application to the Supreme Court in the hope that the court will allocate them some provision from the estate, or a greater provision than they received under the will.

Grounds For Contesting A Will

In Queensland, an applicant has grounds to contest a will if they:

1. Make a claim within statutory time frames;
2. Are an eligible person;
3. Were entitled to certain support from the deceased and received inadequate or no provision from the estate.

Time Limits for contesting a will

There are statutory time limits that apply to contesting a will in Queensland. The claimant must notify the executor of their intention to make a claim in the six months following the testator’s death. A Family Provision Application must be lodged within nine months from the date of death. There is a narrow provision for late notification and application, but the Court must accept the applicant’s justification for the delay.

Grounds For Contesting A Will:

Eligibility

Under the Succession Act 1981, there are only three types of people who are eligible to contest a will in Queensland: the deceased’s spouse, issue or dependent.

The testator’s marital or de facto spouse or registered partner is entitled to dispute the provisions of the will. The deceased’s “issue” can also file a Family Provision Application with the Supreme Court. A biological child is included in this category of issue, regardless of whether the parents of the child were ever married. A biological child includes an unborn child provided that the child survives and lives for at least thirty days. A child that was adopted according to the Adoption Act 2009 has the same right to contest a will as a biological child. In Queensland, a stepchild is eligible to apply under the category of “child” regardless of whether they were formally adopted.

The last category of people who have grounds for contesting a will are those who were “dependent” on the testator before they passed away. In order to qualify as a dependent, the claimant must have been receiving at least a “substantial” level of financial assistance from the deceased. For example, a persuasive case would typically demonstrate that the claimant was relying on the support of the deceased to meet their basic financial needs. If a claimant can prove they were dependent on the testator for their living expenses, then they should be able to establish an entitlement for support and grounds for contesting the will.

Entitlement to Support / Inadequate Provision

In order to establish grounds for contesting a will in Queensland, a claimant must show that the deceased had a moral responsibility to provide for the claimant’s maintenance and financial support. The claimant must also demonstrate that they either did not receive any provision in the will or that this provision was inadequate. It is difficult to define “adequate” provision broadly, as there will be differences in each case, so it is best to consult a solicitor who specialises in contested wills.

In order for a claim to be successful, the applicant’s financial needs must be more pressing than the needs of the other existing beneficiaries, or the estate must be of a size that a redistribution to the claimant will not negatively affect the other beneficiaries.

Additional Factors

The court will take into account a variety of factors when considering a Family Provision Application, including:

• The financial position of the claimant and any other beneficiaries;
• The claimant’s usual standard of living;
• The nature and length of the relationship between the claimant and the deceased;
• Any history of support that the deceased showed to the claimant;
• Any promises that the deceased made to the claimant about how they would divide their estate;
• Any contribution that the claimant made to the deceased estate;
• Any other matter that the court decides is relevant.

It can be difficult to know whether you have the right to make a Family Provision Application. The experienced solicitors on our contested wills team can provide you with an assessment of your case, and answer any questions you have on succession or probate law. We can also suggest the most suitable grounds for contesting a will based on your particular circumstances. Please contact or call the offices of Armstrong Legal on 1300 038 223 to make an appointment.

Turn to Expert Will Dispute Lawyers Queensland-wide

Connect with will dispute lawyers Queensland trusts to get vital guidance following a loved one’s passing. 

At Armstrong Legal, our team specialises in will disputes and estate matters, which means you can get answers to questions like “Can you contest a will after probate?” Our team of will dispute lawyers Queensland-wide is committed to guiding you through the legal process with professionalism and care. 

What situations may result in a will being disputed?

When adult children, spouses or dependants feel left out financially, disputes often arise. This sort of exclusion prompts them to go through the legal process for contesting a will. 

These parties may believe they deserve a larger share of the estate, whether that’s because of their unique financial circumstances or because they had specific ties with the deceased. Ultimately, the aim is to secure what they believe is fair.

In Queensland, family provision claims under succession law typically apply. Such an inheritance claim assesses if appropriate provision has been made. 

However, keep in mind that this type of will dispute is different from challenging a will, which is not about the fair distribution of assets, but the argument that the will itself is invalid. This means that it should not be approved by the court, be it for a Grant of Probate QLD-wide or a Grant of Probate NSW-wide or in the relevant jurisdiction.

Our lawyers support you through estate disputes and family provision claims.

Gain step-by-step legal guidance throughout the process.

An initial consultation with our estate dispute lawyers sets the stage, where they review your relationship with the deceased, the will’s contents and your eligibility. 

After this assessment and a thorough discussion backed by will dispute legal advice, gathering relevant evidence becomes the focus. Financial records, medical info and witness statements help establish the factual basis of the claim or defence.

Depending on the circumstances, matters may proceed through negotiation or mediation first, with the aim of reaching a resolution without court intervention. Many Queensland estate disputes are resolved at this stage, but if an agreement cannot be reached, our estate litigation lawyers prepare you for and represent you in court proceedings.

Reduce uncertainty through advice from will dispute lawyers Queensland trusts.

If you’re looking for legal advice for contested wills or other concerns, our team is here to explain your rights and options under local succession law. Guidance is also given in simple terms and in plain English, which means you can avoid technical confusion.

Additionally, with an inheritance dispute lawyer for estate claims in Queensland, you can be updated on the likely progression of the matter, including key milestones such as limitation periods, filing requirements and expected timeframes. This way, you’re not left uncertain about next steps.

Throughout the process, we make sure that our advice is grounded in realistic outcomes, letting you assess risks, costs and the emotional weight of all of your options.

We’re a team of dedicated will dispute lawyers Queensland clients can count on.

We have a dedicated Contested Wills & Estates team that specialises in this field. This means our focus lies on family provision claims, contested estates, defending wills and beyond, rather than addressing a wide array of general legal matters. 

Whether you’re looking for will dispute lawyers Brisbane-wide or beyond, we have professionals with a sharpened ability. This depth of focus helps them identify the strengths and weaknesses in a case. Trust that they can conduct precise early assessments of your situation’s prospects. If you’re unsure whether legal action is the right course, such an evaluation helps you avoid unnecessary stress. 

Our expertise also means we’re better equipped to manage complex family dynamics and multiple claimants, which are common in estate disputes. 

Frequently Asked Questions (FAQ)

Can multiple people bring a claim against the same will?

Yes. More than one eligible person can do so, especially with the assistance of a family provision claim lawyer in Queensland. Simply note that when a will dispute arises, each claimant is examined individually. 

The factors include each person’s relationship with the deceased, their existing financial circumstances and what role the deceased played in their lives. As such, the appropriate estate claim legal support is important for finding the evidence needed to contest a will. 

Do all will disputes in Queensland end up in court?

Not necessarily. With the help of will dispute lawyers Queensland-wide, many find resolution without a final court hearing.

The legal process offers room for negotiation and mediation before reaching court. This depends on the willingness of parties to engage with one another and the overall strength of the claims made. Solid grounds for a claim can prompt out-of-court settlements, sparing time and further emotional toll. 

At Armstrong Legal, we can support you through this amicable process. However, in case you do need to go to court, our estate litigation lawyers in Queensland will help you prepare for it and represent you during the proceedings.

In which circumstances will a will be invalid?

If a will is challenged instead of contested, some of the common reasons may include failure to meet formal execution requirements or the deceased’s lack of necessary mental capacity at the time the will was drafted. Undue influence over the will-maker or the presence of fraud or forgery are also leading grounds. 

Often, the will is questioned when circumstances seem suspicious or irregular. Each of these factors pivots on ensuring the will truly reflects the will-maker’s intentions without interference or procedural error. To assist you with challenging the validity, you can count on our will dispute lawyers. 

Enlist the help of will dispute lawyers Queensland trusts.

For more than 30 years, Armstrong Legal has been helping Australians navigate serious legal matters across many areas of law, including contested wills, criminal law, family law, corporate crime and traffic law.

Our Wills & Estates team includes will dispute lawyers Queensland-wide who understand the nuances of local courts. They’re well-versed in navigating grounds for eligibility and competing family interests, which can influence strategy from the outset.

And if you’re worried about the cost of will dispute lawyers, you can get in touch with us to learn more about your options. We have a flexible “No Win No Fee” model and Pay-at-End agreements, both applied on a case-by-case basis.

So, if you need to connect with contested wills and probate lawyers, book an appointment today.