Family Provision Claims

Work With The Leading Family Provision Claim Experts In QLD

Contesting a will in QLD, also known as making a family provision claim, happens when you wish to seek an improved or adequate provision in a deceased person’s estate. If you are an eligible applicant, you can contest a will if you have not received adequate provision in a will or have been left out entirely. 

The wills and estate lawyers at Queensland Probate can help determine whether you can make a family provision claim. We will also assist you until you receive the best possible outcome.

At Queensland Probate, we offer cost-effective and easily accessible online services. Our team believes that everyone should have access to the highest quality of legal services. So, we aim to assist you in any way we can.

Get In Touch

All About Family Provision Claims In QLD

A family provision claim in QLD is available for eligible people such as;

  • The deceased’s spouse or former spouse
  • Children
  • Dependents


The eligible party must present the executor with a written notice within six months of the date of the death and, as a family member, a family provision application. The notice must contain all details required by law.

After giving the notice to the executor, the eligible party must then file a family provision application in the Supreme Court within 9 months of the date of death.


Challenging Wills

Challenging the validity of a will happens if you suspect executor fraud or believe undue influence was impressed upon the willmaker or the deceased lacked the mental capacity to create the will. 

The court can reinstate your original entitlement from an earlier will if you prove that the last will is invalid. 

Factors Considered In The Family Provision Claim In QLD

If you meet the eligibility criteria to make a family provision claim in QLD, the court will consider several factors in determining your case, including;

  • Obligations or responsibilities owed by the deceased to the applicant
  • The value and location of the deceased’s property
  • The financial circumstances of the applicant
  • Any physical, intellectual or mental disabilities
  • The deceased’s wishes
  • The applicant’s age
  • Any contribution by the applicant that increased the value of the estate
  • The applicant’s character and the relationship with the deceased during the deceased’s lifetime
  • The applicant’s needs


Being an eligible person does not mean you are automatically entitled to a share of the deceased’s estate. You must prove to the court that you meet other requirements allowing for a more significant provision.

Family Provision Claim QLD - FAQs

  • What is a Family Provision Claim?

    A Family Provision Claim is an application filed in the Supreme Court that allows eligible family members and beneficiaries to contest a deceased’s estate if they believe they have been inadequately provided for in the will. 


    Family Provision Claims are designed to ensure that dependents, such as spouses, children, and members of the deceased’s household, receive proper financial support from thedeceased estate.


    To make a Family Provision Order, you must demonstrate that you were reliant on the deceased. You must also demonstrate that the current provisions outlined in the will are insufficient to support the proper maintenance and support of your day-to-day life and that greater provision is required.

  • Who is eligible for Family Provision Claims?

    In Queensland, Family Provision Claims are designed to protect the interests of certain family members and dependents who have been left out of a will or feel they have not received adequate provision. 


    According to the Succession Act (Section 57), eligible claimants typically include the following factors:

    • The deceased’s spouse or de facto partner
    • Child of the deceased, including adopted child
    • Former spouse
    • A person either wholly or partly dependent
    • A member of the deceased’s household
    • An individual with a close personal relationship with the deceased

    If you believe you fall into one of these categories and have been unfairly excluded or inadequately provided for in a will, Queensland Probate can guide you through the process of making a Family Provision Claim to ensure your rights are upheld.

  • What are the factors for Family Provision Claims?

    When considering a Family Provision Claim in QLD, several key factors come into play. The court will examine the relationship between yourself and the deceased person, including the nature and duration of the relationship. 


    They will also consider your financial position, age, health, and any disabilities alongside your current and future needs. Additionally, the size and nature of the estate, as well as any contributions you may have made to the estate or the welfare of the deceased person, are assessed. 


    Each case is unique, and the court's primary aim is to ensure a fair distribution of the estate, considering all relevant circumstances.


  • What is a Deed of Family Arrangements QLD?

    A Deed of Family Arrangement in QLD is a legally binding document that allows the beneficiaries of a deceased estate to change the way a deceased person’s assets are distributed.


    This can be particularly useful in situations where the original terms of the will do not adequately provide for certain family members or wherewill disputesarise among the beneficiaries. It may also be necessary in situations where the deceased died without a will.


    By creating a Deed of Family Arrangement in QLD, all parties involved can negotiate and settle on a mutually acceptable solution, thus avoiding lengthy and costlylitigation.This deed ensures that everyone’s interests are fairly represented and provides a more harmonious path towards resolving estate disputes.

  • Can a Family Provision Claim be made if a deceased person dies without a will?

    In the event that there was no will created before the deceased’s death, a Family Provision Claim can still be made. In Queensland, when someone dies intestate (without a will), their estate is distributed according to the rules of intestacy. 


    However, if you believe you have not been adequately provided for under these rules, seek legal advice from our expert lawyers, and we will help you determine if you are eligible to make a Family Provision Claim.

Are you an eligible person who wishes to make a family provision claim in QLD? Call us today.

Contact Us
Share by: