TLDR: In Queensland, certain family members and dependants can contest a will if they weren’t adequately provided for – this is a family provision claim under the Succession Act 1981 (Qld). The deadlines are strict: you generally must give written notice to the executor within 6 months of the death and file in court within 9 months. Miss them and you can lose your right to claim. “Contesting” a will (arguing you weren’t provided for) is different from “challenging” it (arguing the will is invalid). If you think you’ve been unfairly left out, or you’re an executor facing a claim, get advice early – the clock is already running.
Wills stir up emotion like almost nothing else. Sometimes a will leaves someone out entirely. Sometimes it provides for them, just not fairly. And sometimes something about the will itself doesn’t sit right at all. Whatever the situation, here is how contesting a will actually works in Queensland – in plain English, with the deadlines that catch people out.
Contesting vs challenging a will – two different things
People use “contesting” to mean two very different things, and they’re handled in completely different ways. It helps to split them up.
Challenging a will’s validity. This is where you argue the will itself shouldn’t stand. Maybe the person didn’t have the mental capacity to make it, they were pressured or manipulated into it (undue influence), it wasn’t properly signed and witnessed, or there’s a suggestion of fraud or forgery. If a challenge succeeds, the will is set aside and an earlier valid will applies instead – or, if there isn’t one, Queensland’s intestacy rules decide who inherits.
A family provision claim. This is the far more common one, and it’s what most people actually mean by “contesting a will.” Here you’re not saying the will is invalid. You’re saying it failed to make adequate provision for your proper maintenance and support. Queensland’s Succession Act 1981 lets certain eligible people ask the Supreme Court to adjust the estate so they’re provided for properly.
The rest of this guide focuses mainly on family provision claims, because that’s where most Queensland disputes land. But if you think a will is outright invalid, the same message applies: get advice quickly, because evidence and time both matter.
Who can contest a will in QLD?
You can’t contest a will just because you’re unhappy with it. You have to be an “eligible person.” In Queensland, that generally means you’re the deceased’s:
- Spouse – including a de facto partner, and in some cases a former spouse who was still being maintained.
- Child – including an adopted child, and a stepchild in certain circumstances.
- Dependant – someone who was being wholly or substantially maintained or supported by the deceased, and who fits the categories the Act recognises.
If you fall into one of those groups and you weren’t properly provided for, you may have a claim. If you don’t, you generally can’t bring a family provision claim – though you might still have grounds to challenge the will’s validity, which is a separate path.
Can a grandchild contest a will in Queensland?
This is one of the most common questions we get, so it’s worth calling out. Grandchildren aren’t automatically eligible in the way a spouse or child is. A grandchild may be able to claim if they were a genuine dependant of the deceased – for example, if the grandparent was substantially supporting or maintaining them. It comes down to the actual relationship and financial reality, not just the family tree. If you’re a grandchild wondering where you stand, it’s worth a quick conversation to check.
The deadlines that trip families up
This is the part that catches people out, so read it twice. In Queensland you generally must:
- Give written notice of your intention to make a claim to the executor within 6 months of the date of death, and
- File your application in court within 9 months of the date of death.
Miss these and the estate may already have been distributed – and clawing money back once it’s been paid out to beneficiaries is very hard. Courts can extend time in some circumstances, but you should never count on it. If you’re even thinking about a claim, assume the clock is running from the date of death, not from when you found out what was in the will.
What are the grounds for contesting a will?
For a family provision claim, there isn’t a fixed list of “grounds” in the way people expect. The question the court asks is simple to state and hard to satisfy: was adequate provision made for your proper maintenance, education and support? To answer it, the court weighs up a range of factors, including:
- Your financial position, needs and future prospects.
- The size and nature of the estate.
- Your relationship with the deceased, including any estrangement.
- Any contributions you made to the deceased’s life, welfare or wealth.
- The competing needs and claims of other beneficiaries.
- Any obligations or responsibilities the deceased owed you.
It’s important to understand this isn’t about “fair” in a moral sense, and it isn’t a reward for being the favourite. It’s about whether adequate provision was made for your proper maintenance and support. Every case turns on its own facts.
Why some claims fail
Not every claim succeeds, and it’s worth being honest about that before you spend money. Claims tend to run into trouble when the person bringing them isn’t actually eligible, when they’re financially comfortable and can’t show real need, when the estate is small and already stretched across people with stronger claims, or when there’s been a long, genuine estrangement without explanation. A claim that’s weak on the facts can end up costing the claimant – see the section on costs below. A frank, early assessment is the best way to avoid pouring money into a claim that was never going to get up.
What does contesting a will cost in QLD?
People often assume the estate automatically pays the legal costs of a family provision claim. Sometimes it does – but not always, and not automatically. If a claim is weak or run badly, the court can order the person who brought it to pay costs, including the estate’s costs. That’s a real risk, and it’s exactly why getting proper advice before you dive in matters more than after.
You may also have heard of “no win, no fee” for will disputes. Some firms offer arrangements like that for family provision claims, but the details vary a lot, and “no win, no fee” doesn’t always mean no cost at all if things go sideways. Always get the fee arrangement in writing and make sure you understand what happens in every scenario, not just the good one.
If you’re the executor – defending the estate
If a claim has landed on your desk, you have duties of your own, and deadlines of your own. The most important rule: don’t distribute the estate until you’ve had advice. If you pay out beneficiaries and a valid claim then succeeds, you can find yourself personally exposed. A good executor takes the claim seriously, gets advice early, and keeps the estate protected while the claim is worked through. We help executors respond to family provision claims, negotiate where it makes sense, and defend the estate where it doesn’t.
Talk to Empire Legal
Contesting – or defending – a will is emotional and time-pressured, and the deadlines are unforgiving. We’re a Queensland law firm looking after families across Brisbane and the Gold Coast, and we’ll give you a straight read on where you actually stand before you spend a cent chasing (or fighting) a claim.
Call us on 07 3088 7675 (Monday to Friday, 9:00am – 5:00pm) or send us a message. You can also see our full wills and estates service for everything we cover, or read our guide on how much probate costs in QLD.
Frequently asked questions
How long do I have to contest a will in QLD?
Generally, you must give written notice to the executor within 6 months of the date of death and file your court application within 9 months. These limits are strict, and while a court can sometimes extend them, you should never rely on that – get advice early.
Who can contest a will in Queensland?
Eligible people generally include the deceased’s spouse (including a de facto and, in some cases, a former spouse being maintained), children (including adopted and, in some circumstances, stepchildren), and dependants who were being wholly or substantially maintained by the deceased.
Can a stepchild or grandchild contest a will in QLD?
Stepchildren and grandchildren aren’t automatically eligible. A stepchild may qualify in certain circumstances, and a grandchild may qualify if they were a genuine dependant of the deceased. It depends on the relationship and the facts – we can assess your situation quickly.
How much does it cost to contest a will in QLD?
There are legal costs, and while the estate sometimes covers them, it doesn’t always – a court can order an unsuccessful claimant to pay costs. Some firms offer “no win, no fee” arrangements, but the terms vary, so always get them in writing.
What is the difference between contesting and challenging a will?
Challenging attacks the will’s validity (mental capacity, undue influence, improper signing, fraud). Contesting – a family provision claim under the Succession Act 1981 – accepts the will is valid but argues it didn’t make adequate provision for you.
What happens if there was no valid will?
Then it’s not about probate – it becomes a Grant of Letters of Administration and Queensland’s intestacy rules decide who inherits.
All information is general in nature and does not constitute legal advice. Family provision claims turn on their specific facts – please contact our office for advice tailored to your situation.
Frequently asked questions
Can a stepchild contest a will in Queensland?
In certain circumstances, yes. Stepchildren are not automatically eligible, so it depends on the relationship and whether other criteria are met.
Does contesting a will cost me money?
There are legal costs. The estate sometimes covers them, but not always. A court can order an unsuccessful claimant to pay.
