Family Provision Claims: Do You Have a Right to More?
If you’ve been left out of a will or received far less than you expected, you might be wondering: “Do I have any rights?” In Queensland, the answer may be yes.
This is where family provision claims come in. These claims are a crucial aspect of estate disputes, enabling certain individuals to petition the court for a larger share of a contested estate. In this blog, we’ll explain how family provision claims work, who can apply, and how to know if you’re eligible.
What Is a Family Provision Claim?
A family provision claim is a legal application made by someone who believes they were unfairly excluded from a will or didn’t receive an adequate share.
In Queensland, this process is governed by the Succession Act 1981 (Qld). The court has the power to change how the deceased's estate is distributed if it decides that the deceased person did not leave adequate provisions for the applicant’s maintenance and support.
It’s not about whether the will was valid. It’s about whether the distribution was fair.
These claims are common in estate litigation, especially in blended families, estranged relationships, and cases involving elderly parents and carers.
Who Can Make a Claim?
Only certain people are allowed to make a family provision application in Queensland. The Succession Act refers to these individuals as eligible persons, including:
The deceased’s spouse (married or de facto partner)
A child of the deceased (biological, adopted, or stepchild)
A dependent—someone who was being wholly or substantially maintained by the deceased at the date of death (e.g. a parent of the deceased, or someone under 18)
It’s important to understand that being eligible doesn’t automatically mean the court will award you more. You must prove that you’ve received inadequate provision.
What Courts Consider "Proper Provision"
The law doesn’t guarantee an equal share to every family member. Instead, the court assesses whether the provision left to the applicant is adequate, considering their needs and the nature of their relationship with the deceased.
Here are just some of the factors the court will consider:
The size and nature of the deceased estate
The financial position and needs of the applicant
The relationship between the applicant and the deceased
Any disentitling conduct, estrangement, or undue influence
Competing claims from other beneficiaries
Whether the applicant contributed to building the estate
This is known as assessing what’s “proper and adequate provision for the applicant’s maintenance and support.”
In many cases, the court will adjust the will to reflect what it believes is fair, not what the deceased initially decided.
Real-Life Scenarios That Lead to Claims
To better understand how family provision claims work, here are some examples of situations where a claim might arise:
1. An Estranged Child
An adult child is excluded from the will due to past disagreements. However, they’re now on a low income, caring for their children, and struggling to make ends meet. The court may decide they deserve more.
2. A Long-Term Carer
A niece cared for her elderly uncle for years, giving up her work opportunities. In return, the uncle made regular payments to the niece during his lifetime, which she relied upon as a primary source of income. The uncle left everything to another relative. She may be able to argue that she was financially dependent and deserving of a share.
3. A Second Spouse
A second wife is left with very little because the deceased wanted to leave most of the estate to adult children from a previous marriage. If the spouse’s financial needs aren’t met, she could have a strong claim.
Each situation is unique, which is why legal advice is so important.
Why Legal Advice Is Crucial
Family provision applications are time-sensitive and complex. You must give written notice to the executor within 6 months of the date of death, and you must file the application in court within 9 months.
Engaging experienced estate litigation lawyers or litigation lawyers can make all the difference. At Direct Lawyers, our experienced estate lawyers help you:
Understand if you’re eligible
Gather evidence to support your claim
File applications within legal time limits
Represent your interests at mediation or in court
We also assist with broader estate law issues, such as deceased estate administrations and navigating the grant of probate.
To get started, read our article on what happens when you contest a will in Queensland, or learn more about the causes of conflict over wills and estate disputes for business owners.
For legal context and detailed rights under Queensland law, visit the Queensland Law Handbook on Family Provision.
Need Help with a Family Provision Claim in Queensland?
At Direct Lawyers, your matter will be handled by experienced estate litigation professionals. Our Principal Lawyer, Dion McCurdy and Estate Litigation Lawyer Liam Ellery work closely with clients to resolve family provision disputes with clarity, care, and strong legal insight.
Our team at Direct Lawyers is here to help you assess your rights and guide you through the legal process. Book a discovery call today to speak with an experienced estate litigation lawyer.