The main causes of will disputes in Queensland and how to avoid them
A well-written will should give peace of mind that your final wishes will be respected. Yet even clear and valid wills can still lead to family conflict.
In Queensland, estate litigation is often triggered by misunderstanding, emotional strain, or technical errors. Understanding the main causes of contested wills in QLD can help you prevent disputes and protect your loved ones.
What is estate litigation?
Estate litigation covers any legal dispute over a deceased person’s estate — typically about whether a will is valid, fair, or correctly executed. These matters are decided under Queensland’s Succession Act 1981 and usually heard in the Supreme Court of Queensland.
An experienced estate litigation lawyer helps executors, beneficiaries, and family members navigate these sensitive issues and ensure the estate is managed in accordance with the law.
1. Excluding family members or unequal inheritance
One of the most common grounds for contesting a will in Queensland arises when a family member feels left out or unfairly treated. While every Australian has what’s known as testamentary freedom — the right to choose who inherits — that freedom has limits.
Under the Succession Act 1981, certain people are eligible to contest a will through a Family Provision Application (FPA). They include:
A spouse of the deceased
A child of the deceased, including step or adopted children
A dependant who was financially supported by the deceased
If the court believes the will fails to make adequate provision, it may adjust the inheritance. For example, a financially dependent child who receives nothing may have a valid claim if made within six months of the date of death.
To learn more about how these claims work, see our guide on Family Provision Claims: Do You Have a Right to More?
2. Concerns about the willmaker’s mental capacity
For a will to be valid, the willmaker must have full testamentary capacity — meaning they understand what a will is, what assets they own, and who may reasonably expect to benefit.
When a will is made during periods of cognitive decline or confusion, family members may challenge its validity, arguing that the deceased lacked mental capacity.
To reduce this risk, estate lawyers often suggest:
Obtaining a medical certificate at the time the will is signed
Ensuring all instructions are recorded clearly by the lawyer
Avoiding significant will changes during serious illness
These precautions make it harder for someone to claim the willmaker didn’t understand what they were doing.
These types of disputes are among the most common contested wills in Queensland handled by our firm.
3. Undue influence or pressure
Sometimes wills are changed due to manipulation or pressure from others. If a person is coerced or persuaded to alter their will in a way that doesn’t reflect their wishes, the will can be challenged for undue influence.
This often occurs when a carer, friend, or relative has control over the willmaker’s daily life or finances. Courts examine whether the deceased acted freely and voluntarily. If undue influence is proven, the will, or certain provisions can be set aside.
A skilled estate litigation lawyer in Brisbane can identify red flags, such as sudden will changes, new beneficiaries, or secret document signings.
4. Errors or poor drafting in the will
DIY wills or generic templates can easily cause problems. Technical mistakes or unclear wording can make a will invalid or lead to different interpretations.
Typical issues include:
Missing witness signatures
Contradictory clauses
Outdated beneficiary details
Failure to revoke earlier wills
These errors can delay probate and trigger unnecessary disputes. Engaging a qualified law firm ensures your will meets legal requirements and prevents confusion after your death.
5. Conflict between executors and beneficiaries
Disagreements often arise after death between executors (who manage the estate) and beneficiaries (who receive from it). Complaints about delays, poor communication, or alleged mismanagement can quickly escalate to estate litigation.
When executors fail to provide updates or make transparent decisions, beneficiaries may take the matter to the Supreme Court, increasing legal costs and tension.
To avoid this, executors should act promptly, document all transactions, and seek legal guidance when managing complex estate administrations.
Executors who face disputes can benefit from early advice, our article on What Happens When You Contest a Will in Queensland explains the process in more detail.
How the court assesses family provision applications
When a person contests a will through an FPA, the court looks at several factors before making a decision, including:
The relationship between the applicant and the deceased person
The applicant’s financial circumstances and “need” for support
Any care or contributions provided during the deceased’s lifetime
Competing claims from other family members or dependants
Even if an applicant received something in the will, the court may increase their share if it considers the amount insufficient. Each case turns on its own facts, and outcomes depend heavily on estate litigation lawyers presenting clear evidence of need and fairness.
How to prevent will disputes in Queensland
While some disputes are unavoidable, thoughtful estate planning can significantly reduce the risk of contested wills in QLD.
Here are practical steps to consider:
Seek professional legal advice – A qualified estate planning lawyer can prepare a compliant, detailed will that limits ambiguity.
Be transparent with your family – Discuss your decisions to minimise shock or resentment later.
Record your reasons – If you exclude a person or provide less than expected, have your lawyer document why.
Keep your will up to date – Review it after life events such as marriage, separation, or the birth of a child.
Appoint a capable executor – Choose someone who can manage complex estate matters fairly and efficiently.
These measures not only safeguard your wishes but also protect loved ones from unnecessary stress and legal costs.
When to seek help from an estate litigation lawyer
If you believe you’ve been unfairly treated or need to defend a will from challenge, prompt legal advice is essential. Most family provision applications must be filed within nine months of death.
Direct Lawyers’ experienced estate litigation lawyers in Brisbane handle disputes involving contested wills QLD, family provision claims, and executor disagreements.
Our team helps clients navigate complex estate matters, providing clear, compassionate advice backed by years of courtroom experience.
Call (07) 3703 1888 or book a consultationto speak with our estate litigation team today.