What Happens When You Contest a Will in Queensland?
Contesting a will in Queensland is more common than most people realise, especially in today’s world of blended families, informal relationships, and financial complexity. Whether you’ve been unexpectedly left out of a will or feel you were not adequately provided for, Queensland law may give you the right to challenge the estate.
In this blog, we break down the estate litigation process in plain English so you know what to expect—and how to protect your legal rights.
What Does It Mean to Contest a Will?
In most cases, contesting a will means applying to the court to change how a deceased person’s estate is distributed. This is usually because someone close to the deceased believes they were unfairly left out or received less than they should have.
In Queensland, this is done by making a Family Provision Application (FPA) under the Succession Act 1981 (Qld).
This differs from challenging a will’s validity (e.g., due to fraud or undue influence). FPAs focus on fairness, not necessarily legal errors in the document itself. It’s a form of estate dispute and is one of several types of claims that may arise after someone passes away.
Disputes over an inheritance are often sensitive and emotionally charged. They involve family members who may already be experiencing grief. That’s why it's important to understand your legal rights and the options available to you.
For a full breakdown of how wills, estates, and executors work in Queensland, you might find our guide to understanding wills and estates helpful before deciding to contest.
Who Can Contest a Will in QLD?
Only certain people are allowed to contest a will. These are called eligible persons, and under Queensland law, they include:
The deceased’s spouse (including married, de facto, or former spouse)
A child of the deceased (biological, adopted, or stepchild)
A dependent who was substantially maintained by the deceased (e.g. a parent, or someone under 18)
To be successful, you must show that you have not received adequate provision for your proper maintenance and support.
Importantly, receiving something in the will doesn't automatically mean you were adequately provided for. Courts consider whether the provision made was enough to support your reasonable needs in all the circumstances.
What Are the Steps in the Contesting Process?
Here’s a general overview of how the process works:
Seek legal advice early
An estate litigation lawyer can tell you if you have a strong claim and what steps to take next. They’ll assess your eligibility and help gather supporting evidence for your claim.Notice to the executor.
You must notify the estate’s executor within 6 months of the date of death that you intend to apply. This step protects your right to lodge a claim before the estate is distributed.File the application
The formal family provision application must be filed within 9 months of the date of death.Exchange evidence
You’ll need to show your financial needs, relationship with the deceased person, and any contributions you made to the estate. The executor or other parties may also provide evidence in response.Attend mediation
Most cases are resolved through out-of-court settlement or mediation, where both parties attempt to reach an agreement without going to trial. Mediation provides everyone with an opportunity to be heard and often yields faster, less expensive outcomes.Go to court (if needed)
If an agreement can’t be reached, the matter may go to trial. The court decides whether and how to distribute the estate differently, based on what is fair.
Important Time Limits to Know
Contesting a will is time-sensitive. Here are the two main deadlines:
6 months from the date of death to give written notice to the executor of your intention to apply
9 months from the date of death to lodge your family provision application in court
If you miss these deadlines, your claim may still be accepted, but only in rare cases and with the court's approval. Courts generally won’t accept late claims unless there’s a good reason and the estate hasn’t already been fully distributed.
Source: Queensland Law Handbook
Real Scenarios (and Myths!)
Let’s look at some common situations that lead to estate disputes among family members:
A parent leaves their entire estate to one child, excluding others
An adult child caring for an elderly parent is left out completely
A second spouse inherits everything, and children from the first relationship receive nothing
These situations involve feelings of betrayal or confusion especially when family members were verbally promised something different.
Myth: “I received something in the will, so I can’t contest it.”
Fact: You can still contest a will if your provision is inadequate compared to your needs or relationship with the deceased person.
Another common misconception is that the court only considers legal entitlements. In reality, the court considers the deceased's provision of financial support, fairness, financial need, and relationships, including whether the deceased financially supported you before their passing.
If you're wondering about ex-partners and blended families, check out Can a Former Partner Impact My Will?.
Costs and Risks: What to Expect
One of the biggest fears for people considering legal action is the cost. So who pays?
In many estate litigation cases, legal costs are paid out of the estate, especially if the application is reasonable. However, if the claim is weak or made out of time, the court may order the applicant to pay their costs (or even the other party’s costs).
That’s why it’s so important to seek legal advice early and understand your position. A qualified estate litigation lawyer can help you assess whether your claim is worth pursuing.
Why Legal Help Makes a Difference
Estate litigation is both emotionally charged and legally complex. Having a lawyer helps in many ways:
Understanding if you’re an eligible person
Preparing a strong application that highlights any inadequate provision
Handling court documents and timelines correctly
Representing you in negotiations or court
Ensuring your voice is heard when decisions are made about how to distribute the estate
For more reasons to work with a professional, read our 7 reasons to hire a wills and estates lawyer.
Meet Our Lawyers
At Direct Lawyers, your matter will be handled by experienced professionals. Principal Lawyer Dion McCurdy brings over a decade of legal insight in wills and estate matters, while Liam Ellery, Estate Litigation Lawyer, supports clients with compassionate, clear, and strategic advice.
Need Advice About Contesting a Will in Queensland?
If you’re considering contesting a will in Queensland or defending a claim against one, speak to our experienced estate litigation lawyers.
We’ll help you understand your rights, your options, and the best path forward for your unique situation.
