Address
The Greenhouse, Level 4/97 Boundary St, West End QLD 4101
Phone
(07) 3703 1888
Email
admin@directlawyers.com.au
Direct Lawyers is a Brisbane-based Wills and Estates law firm that practises exclusively in Succession Law. We assist individuals and families across Queensland with Family Provision Claims — from the first conversation through to resolution, whether through negotiation or court proceedings.
A Family Provision Claim – often referred to a Family Provision Application (FPA) – is one of the most personal and emotionally complex areas of estate law. We handle every matter with care, discretion, and a clear focus on achieving the best outcome for you. For Brisbane clients, we offer mobile appointments — we come to you. For clients across Queensland, we offer remote appointments via phone or video call.
What Is a Family Provision Claim?
A Family Provision Claim is a legal application made to the court by an eligible person who believes they were not adequately provided for in a deceased person’s Will or under Queensland’s intestacy laws. In Queensland, these claims are governed by section 41 of the Succession Act 1981 (Qld) and must generally be filed within nine months of the date of death.
Who Is Eligible to Make a Family Provision Claim in Queensland?
Spouse or De Facto Partner
A current spouse or de facto partner of the deceased is eligible to apply. This includes registered relationships.
Former Spouses
Former spouses may also be eligible in certain circumstances, particularly where they were financially dependent on the deceased at the time of death or they have children with the deceased that are minors.
Children
Children of the deceased — including adult children, stepchildren, and adopted children — may apply for a Family Provision Claim.
Adult Children
Adult children are not automatically entitled to a share of the estate, but the court considers their financial circumstances, relationship with the deceased, and what provision, if any, was made for them.
Dependants
A person who was wholly or substantially maintained or supported by the deceased immediately before their death may be eligible, even if they are not a family member in the traditional sense.
Eligibility Depends on the Relationship
Not everyone can bring a Family Provision Claim. Eligibility is defined by the Succession Act 1981 (Qld) and depends on your relationship to the deceased.
How Family Provision Claims Work in Queensland
The Legal Framework
Family Provision Claims in Queensland are governed by Part 4 of the Succession Act 1981 (Qld). The court has broad discretion to make an order for provision out of an estate if it is satisfied that adequate provision was not made for the proper maintenance and support of the applicant.
The Six-Month Time Limit
A notice of intention to apply for a Family Provision Claim should be filed within six months of the date of death. This is an important deadline as it prevents the executor from distributing the estate and protects your right to make a formal application within the nine-month deadline.
The Nine-Month Time Limit
A Family Provision Claim must generally be filed within nine months of the date of death. This is a strict deadline — while courts have discretion to extend it in limited circumstances, delay significantly weakens a claim and may result in assets already being distributed to other beneficiaries. Acting promptly is essential.
What the Court Considers
The court does not simply divide the estate equally. It takes into account a range of factors including the applicant’s financial need, the nature and length of the relationship with the deceased, any contributions made to the estate or to the deceased’s welfare, the size of the estate, and the competing claims of other beneficiaries.
The Role of Mediation and Court Orders
Most Family Provision Claims in Queensland do not proceed to a final court hearing. The Supreme Court of Queensland requires parties to attempt mediation before the matter goes to trial. If the court finds that adequate provision was not made, it may order that additional provision be made from the estate.
Book an Initial Consultation
A focused session with one of our lawyers to: review your circumstances, explain your options clearly, and give you a personalised plan you can act on.
You leave with genuine legal advice — not general information.
Still unsure? Our free 10-minute discovery call is the place to begin. We will listen, point you in the right direction, and let you know honestly whether we can help.
Book a Discovery Call.
Family Provision Claim vs Contesting a Will
These are two distinct legal processes. Understanding the difference is important before taking any steps.
| Family Provision Claim | Contesting a Will | |
|---|---|---|
| Purpose | Seek greater financial provision from an otherwise valid estate | Challenge whether the Will itself is legally valid |
| Who can apply | Eligible persons under the Succession Act 1981 (Qld) — spouses, children, dependants | Anyone with a legitimate legal interest in the estate |
| Grounds | Inadequate provision for proper maintenance and support | Lack of testamentary capacity, undue influence, improper execution, fraud, unconscionable conduct, testamentary promises and many more |
| Outcome if successful | Court orders provision from the estate | Will may be set aside; an earlier Will or intestacy laws may apply |
| Time limit (Qld) | Two deadlines apply — the first is six months from date of death for notice of an intention to apply, the second is generally nine months from the date of death | Governed by court discretion and limitation periods — seek advice promptly |
| Legal advice essential | Yes — eligibility and prospects depend on specific circumstances | Yes — grounds must be properly established with supporting evidence |
How We Work With You
01
Initial Consultation
We listen to your situation, explain the relevant law, and give you an honest assessment of your position and prospects.
02
Claim Assessment
We review the Will, the estate, your relationship with the deceased, and your financial circumstances to assess the strength of your claim.
03
Notice and Negotiation
We give formal notice of the claim to the executor and explore whether early resolution through negotiation is possible.
04
Mediation
Where required, we prepare for and attend mediation with you, working to achieve the best outcome without the cost and delay of a court hearing.
05
Court Proceedings
If the matter cannot be resolved, we prepare and file the application in the Supreme Court of Queensland and represent you through to final hearing.
Why Acting Promptly Matters
Family Provision Claims are time-sensitive. Delays carry real legal and practical risks.
Without Early Legal Advice
With Proper Legal Guidance
Why Clients Choose Direct Lawyers for Family Provision Claims
We practise only in Wills, Estates, and Succession Law, so Family Provision Claims are a core part of our daily work.
Our team has experience appearing in the Supreme Court of Queensland in estate matters.
We give you a clear, realistic assessment of your prospects from the outset, not false reassurance.
We explain the law clearly so you can make informed decisions at every stage.
We understand this is an emotionally difficult time and we handle every matter with care and sensitivity.
We assist clients across Queensland with a deep understanding of Queensland Succession Law.
Common Questions About Family Provision Claims
Yes. Adult children are eligible to apply under the Succession Act 1981 (Qld). However, eligibility does not guarantee success — the court considers financial need, the nature of the relationship with the deceased, and any provision already made. Adult children with significant independent means may face a higher threshold. Early legal advice helps clarify your prospects.
Being excluded from a Will entirely does not prevent you from making a Family Provision Claim, provided you are an eligible person under Queensland law. In some cases, complete exclusion strengthens a claim — particularly where the applicant had a close relationship with the deceased or was financially dependent on them.
Yes. A Family Provision Claim can be made whether or not the deceased left a valid Will. Where there is no Will, the estate is distributed under Queensland’s intestacy laws — but eligible persons can still apply to the court for greater provision if the statutory entitlement is inadequate.
Timeframes vary depending on the complexity of the estate, the number of parties involved, and whether the matter resolves at mediation or proceeds to a final hearing. Matters that settle through negotiation or mediation may resolve within a few months. Matters that proceed to trial before the Supreme Court of Queensland can take considerably longer.
This is a genuine concern for many applicants. While estate disputes can create family tension, early and properly managed legal advice often reduces — rather than escalates — conflict. In many cases, matters are resolved privately through negotiation or mediation without the need for adversarial court proceedings.
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Specialist wills and estates lawyers helping Brisbane and Queensland families with Family Provision Claims and estate disputes.
