Why Wills Are Contested in Queensland: Common Reasons
Wills are meant to reflect a person’s final wishes, but sometimes, those wishes are questioned. In Queensland, contested wills are a common source of estate disputes and often lead to estate litigation, particularly when family members feel they’ve been left out or something seems off.
So, why are wills contested in QLD? In this article, we explore the five most common legal reasons a will might be challenged and what you can do if you’re affected.
Need clear advice about a contested will? Our experienced lawyers, Dion McCurdy and Liam Ellery, are here to help—speak with our estate litigation team today.
1. Lack of Capacity
One of the leading reasons wills are contested in QLD is that the will-maker may not have had the mental capacity to understand what they were doing at the time the will was made. This is referred to as testamentary capacity.
Under the law, a person must understand:
The nature of a will and its effect
What assets do they own?
Who might reasonably expect to benefit from their estate?
If the will-maker had dementia, severe mental illness, or was otherwise impaired, someone may contest the will based on a lack of capacity.
Example: In the case of Banks v Goodfellow (1870), the court ruled that a will is only valid if the person was capable of signing at the time of signing. This principle remains a key legal test today.
If you believe a loved one lacked capacity when their will was signed, it’s important to seek legal advice quickly.
2. Undue Influence or Pressure
Another major ground for challenging a will is undue influence. This occurs when someone pressures the will-maker into changing their will against their true wishes. The pressure may be subtle (emotional manipulation), or overt (threats or intimidation).
Undue influence can be especially relevant in situations where:
The will benefits one person unusually heavily
The will-maker was isolated or dependent on the influencer
There’s a history of tension or conflict between family members
The court looks for signs that the will does not truly reflect the deceased person's independent intentions.
3. Fraud or Mistake
Wills can also be contested if they were affected by fraud or mistake. This may include:
Someone forged the will
A beneficiary misleading the will-maker
An error in understanding the effect of the document
In some cases, a person may have tricked the deceased into signing a document they didn’t understand, or misrepresented the will as saying something different. These are serious allegations and can lead to the will being declared invalid.
If you suspect fraud, contact experienced estate lawyers immediately to investigate the validity of the will.
4. Exclusion of Close Family Members
While a person generally has the right to leave their estate as they wish, excluding close family members—particularly a child of the deceased, a deceased’s spouse or de facto partner—can often trigger a legal challenge.
In these cases, the excluded party may lodge a family provision application under the Succession Act 1981 (Qld). This does not challenge the validity of the will, but instead requests that the court order adequate provision from the estate.
You must act within strict time limits—generally within 6 months of the date of the deceased’s death to notify the executor, and 9 months to apply.
You can read more in our blog: Family Provision Claims Explained: Do You Have a Right to More?
These cases often involve arguments around whether the person received inadequate provision for their proper maintenance and support.
5. Improper Execution of the Will
A will must meet strict legal requirements to be considered valid. Under Queensland law, a valid will generally must:
Be in writing
Be signed by the will-maker.
Be witnessed by two independent adults.
If these steps weren’t followed properly, the will could be challenged on the grounds of improper execution.
In some cases, the court can validate a will even if these rules weren’t followed exactly (under informal will provisions), but it depends on the evidence available.
How to Handle a Contested Will
If you’re involved in contesting a will in Queensland—whether you’re challenging a will or defending one—it’s important to understand your rights and obligations.
Common reasons for disputes include competing claims from multiple beneficiaries, ambiguity in the will, or concerns over the executor's conduct.
Engaging an experienced estate litigation team can help you:
Clarify your position
Gather relevant evidence (including medical and financial records)
Explore alternative resolution options such as mediation.
For more insight into why these matters arise, read our article on the main causes of conflict over wills.
A Quick Note on Business and Estate Disputes
Contested wills aren’t limited to personal assets. When the deceased estate includes business interests, disputes can become more complex. Business succession issues, shareholder rights, and commercial property division may all be involved.
If you’re in this situation, see our resource: Estate Litigation for Business Owners.
Legal Support You Can Rely On
At Direct Lawyers, our team of experienced estate litigation lawyers will help you throughout the process with clarity and care. Whether you’re eligible to contest, concerned about undue influence, or dealing with complex estate litigation, we’re here to guide you with honest, practical legal advice.
We also recommend reviewing our article: What Happens When You Contest a Will in Queensland?
For official information and court processes related to Wills & Estates, visit the Queensland Courts website.
Call us today on (07) 3703 1888 to get started.