Contesting a Will in Queensland: Your Rights Explained

If you believe a will does not provide for you fairly, or you suspect a will is invalid, Queensland law gives provides certain people the right to challenge it.

There are two distinct ways to contest a will in Queensland, and it's important not to confuse them: 

1. Family provision application — the will is valid, but you believe it doesn't leave you with adequate provision for your proper maintenance and support. 
2. Challenging the will's validity — you believe the will itself isn't legally valid, for example because of undue influence, fraud, or the will-maker lacking testamentary capacity when they signed it. See our separate undue influence page for more on this ground specifically. 

Most disputes handled by probate lawyers fall into the first category — a family provision application — which is the focus of most of this guide. 

Only certain people can bring a family provision application. Under section 41 of the Succession Act 1981 (Qld), an "eligible person" includes: 

3. The spouse of the deceased — including a husband, wife, de facto partner, or civil partner. 

4. A child of the deceased, including biological, adopted, and stepchildren. 

5. A dependent of the deceased — someone wholly or substantially maintained or supported by the deceased at the time of death, who is a parent of the deceased, a parent of the deceased's surviving child under 18, or a person under 18. 

If you don't fall into one of these categories, you generally won't have standing to bring a family provision application, though you may still be able to challenge the will's validity on other grounds.

⏱ The 6-Month Deadline — Critical 

Queensland's time limits are stricter than other states. You must give written notice of your intention to claim to the executor within 6 months of the date of death, and file your family provision application with the Court within 9 months of the date of death. Missing either deadline will generally bar your claim unless the Court grants special leave — which is rare, especially once the estate has been distributed. If you think you may have a claim, get advice as early as possible. 

Depending on which type of claim you're pursuing, the grounds differ: 

6. Inadequate provision — the most common ground. You're an eligible person, but the will (or the intestacy rules) doesn't leave you with proper maintenance and support, applying the "adequate provision" test the Queensland courts use. 

7. Lack of testamentary capacity — the will-maker didn't understand what they were doing, the extent of their assets, or who might reasonably expect to benefit, when they made the will. 

8. Undue influence — the will-maker was pressured or coerced into making a will that doesn't reflect their genuine wishes. See our dedicated undue influence page for a deeper look at this ground. 

9. Improper execution or fraud — the will wasn't signed and witnessed correctly, or was procured through deception. 

Family provision applications are made to the Supreme Court of Queensland (or, for smaller estates, the District Court). The general process is: 

1. Give written notice of your intention to claim to the executor within 6 months of the date of death. 
2. File the family provision application with the Court within 9 months of the date of death. 
3. Exchange evidence and financial disclosure with the estate and other parties. 
4. Attend mediation — most Queensland family provision matters are required to attempt mediation before a hearing is listed. 
5. If mediation doesn't resolve the matter, proceed to a defended Supreme Court hearing. 

Matters that settle at mediation can often be resolved within around 6–12 months of filing. Matters that proceed to a defended hearing typically take longer, given the Supreme Court's caseload and the evidence involved. The vast majority of Queensland family provision applications settle before reaching a final hearing. 

Costs vary significantly depending on whether the matter settles at mediation or proceeds to a contested hearing. Many probate litigation firms offer a free initial case assessment, and some claims can be run on a no-win-no-fee or deferred-fee basis — ask about this when you get advice. In many successful claims, a costs order or contribution from the estate can also help offset your legal fees. For general estate administration costs (as opposed to contested litigation), see our QLD Probate Fees page. 

Think you may have a claim? Book a free, no-obligation case assessment — remember, Queensland's 9-month deadline applies. 

Who can contest a will in Queensland? 

Only "eligible persons" under section 41 of the Succession Act 1981 (Qld) — broadly, spouses (including de facto and civil partners), children (including stepchildren), and certain dependants. 

How long do I have to contest a will in QLD? 

You must notify the executor within 6 months of the date of death and file your application within 9 months.  

Can I bring a Family Provision claim if there's no will (intestacy)? 

Yes. Family provision applications can be made whether the deceased died with a will or intestate, if you believe the intestacy distribution doesn't adequately provide for you. 

What's the difference between contesting a will and a family provision application? 

Contesting validity argues the will itself isn't legally valid (e.g. due to undue influence or lack of capacity). A family provision application accepts the will is valid but argues it doesn't adequately provide for you. 

Does contesting a will delay the whole estate? 

It can. Executors are generally advised not to distribute the estate until the 9-month application period has passed (or claims are resolved), to avoid personal liability. 

Probate serves a crucial role in ensuring estates are administered lawfully and fairly. Whether managing probate with the will or working through letters of administration, recognising when to seek legal help can have a significant difference. 

If you are uncertain about your obligations or next steps, speaking with experienced probate lawyers can assist you move forward with clarity and confidence. 

Managing a deceased estate can feel overwhelming, especially when letters of administration or probate with the will are required. Clear legal advice early can assist avoid delays and costly mistakes. 

📞 Call us on 07  2000 4810 now or email probate@qldprobate.com.au