Wills, probate, estate administration and contesting a will in Queensland.

Wills & Estates

Joint tenants vs tenants in common in QLD: why it matters

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TLDR: When two or more people buy property in Queensland, they hold it either as joint tenants (equal, indivisible ownership with automatic survivorship - the survivor gets the lot) or tenants in common (defined shares that each owner can leave in their will). Couples usually choose joint tenants; friends, siblings, blended families and investors usually should not. The tick-box on your contract has estate-planning, tax and asset-protection consequences most buyers never hear about until it’s too late.

Of every hundred contracts we settle, the ownership-structure conversation is the one that most often makes a buyer stop and say “nobody’s ever explained that to me”. Here it is, explained.

Joint tenants: all for one, and the survivor takes all

As joint tenants, you don’t own “half” the property - you both own the whole thing together. The defining feature is the right of survivorship: when one joint tenant dies, their interest passes automatically to the surviving owner(s). It never enters the deceased’s estate, the will is irrelevant to it, and no grant of probate is needed to deal with it - the survivor just registers a record of death with Titles Queensland (we’ve covered that process in our record of death guide).

Best suited to: couples in a first marriage or long-term relationship whose wills would leave everything to each other anyway.

Tenants in common: defined shares you control

As tenants in common, each owner holds a distinct share - 50/50, 70/30, 90/10, whatever you agree - and each share is an asset of that owner. You can sell it, mortgage it and, crucially, leave it in your will to whoever you choose. There’s no survivorship: when you die, your share goes to your estate, not automatically to your co-owner.

Best suited to:

  • Blended families - you want your share to end up with your children, not your partner’s children.
  • Friends or siblings buying together - nobody intends their mate to inherit their half by default.
  • Unequal contributions - one party put in 70% of the deposit and wants the title to say so.
  • Investors - income, deductions and capital gains generally follow ownership shares, so the split is a genuine tax-planning decision worth running past your accountant before you sign.

The horror stories are all the same story

They’re always survivorship operating exactly as designed, on the wrong structure. The second husband who became sole owner of the house the deceased wife meant to share with her kids - joint tenants. The two mates who bought an investment unit, one dies, his de facto partner gets nothing from the property he paid half of - joint tenants again. None of these are exotic legal failures; they’re a tick-box at contract time that nobody discussed. If a dispute has already landed, our guide to contesting a will in QLD covers the family provision route - but prevention is spectacularly cheaper.

How do you know how you currently own your property?

A title search shows it in one line: joint tenants are recorded as such; tenants in common show their shares. If you bought years ago and can’t remember what you ticked, a five-minute search answers it. We run these daily - ask us.

Can you change from one to the other?

Yes, in both directions.

  • Joint tenants → tenants in common: a joint tenancy can be severed - including unilaterally - by registering the appropriate transfer with Titles Queensland. Common around separation (so your estranged spouse doesn’t scoop your half by survivorship while the property settlement grinds on - see our guide on the family home in a separation) and after estate-planning advice in blended families.
  • Tenants in common → joint tenants: also achievable by transfer between the co-owners.

Either way, get advice on duty and tax first - transfer duty exemptions often apply between spouses, but not automatically for everyone else, and changing shares can trigger real duty and CGT consequences.

Buying now? Decide before you sign

The ownership structure goes on the contract and flows through to the title at settlement. Changing your mind later means another registered dealing - more cost, more admin, potential duty. It’s a 10-minute conversation with your conveyancer before signing. We have it with every co-buying client as standard - it’s part of why our conveyancing service is done by lawyers, on standard fees.

How the contract records a tenants in common arrangement

When you buy with someone else, the way you hold the property is recorded on the contract and then on the transfer lodged with Titles Queensland. On the standard REIQ contract there is space on the reference schedule for the buyers’ names and, where you are buying as tenants in common, the share each buyer takes - 50/50, 70/30, or whatever split you agree. If nothing is specified you will usually end up as joint tenants by default. Get the split right before you sign: changing it afterwards means a fresh transfer, and possibly another round of transfer duty.

Tenants in common disputes in QLD

Because each owner holds a separate, defined share, tenants in common run into disagreements joint tenants rarely face - one owner wanting to sell while the other does not, unequal contributions to the mortgage or the outgoings, or a co-owner’s share passing to a beneficiary the others have never met. Queensland law lets a co-owner apply to the court for a statutory order for sale or partition of the property under the Property Law Act. It works, but it is a blunt and expensive remedy. A co-ownership agreement written at the start - contributions, exit terms, a first right of refusal - avoids most of these disputes entirely.

Getting a home loan as tenants in common

Lenders will lend to tenants in common, but most still require every owner to be jointly and severally liable for the whole loan, not just their share. A 30% owner can be pursued for 100% of the debt if the other owner stops paying. Some lenders will consider separate loans secured against separate shares, but the terms are usually less favourable. Talk to your broker before you sign, and make sure the ownership split on the contract matches what the lender has been told.

Frequently asked questions

What’s the difference between joint tenants and tenants in common?

Joint tenants own the whole property together with automatic survivorship - the survivor inherits by law, regardless of any will. Tenants in common own defined shares that each owner can deal with and leave in their will.

Which is better for a married couple?

For most first-relationship couples who’d leave everything to each other anyway, joint tenancy is simple and avoids probate on the home. For blended families, it’s frequently the wrong default - tenants in common with proper wills usually protects children better. Get advice on your actual circumstances.

Can tenants in common own unequal shares?

Yes - any split you like. The shares are recorded on the title and generally drive how income, expenses and capital gains are attributed for tax.

Can one owner sever a joint tenancy without the other’s consent?

Yes. In Queensland a joint tenant can unilaterally sever the joint tenancy by registering a transfer, converting the holding to tenants in common in equal shares. It’s a standard protective step during separation.

What happens to a tenant in common’s share when they die?

It forms part of their estate and passes under their will (or the intestacy rules if there’s no will). The co-owner doesn’t automatically inherit it - they end up co-owning with the deceased’s beneficiaries.

How do I check which way my property is held?

A current title search from Titles Queensland shows it immediately. Any conveyancer - including us - can pull one in minutes.

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Enduring Power of Attorney QLD - what it covers + why you need one

TLDR: An enduring power of attorney (EPOA) is the Queensland document that lets someone you trust make financial and/or personal decisions for you if you lose capacity. “Enduring” is the key word - a general power of attorney dies the moment you lose capacity, which is precisely when you need it most. Without an EPOA, your family may have to apply to QCAT to be appointed as your administrator or guardian. We prepare EPOAs (usually alongside a will) on standard fees.

Most people assume that if something happens to them, their spouse or kids can just “handle things”. Legally, they can’t. Your partner cannot sign a contract for you, sell your house, or deal with your bank simply because they’re your partner. The document that gives them that authority in Queensland is the enduring power of attorney.

What is an enduring power of attorney?

An EPOA is a legal document made under the Powers of Attorney Act 1998 (Qld) in which you (the principal) appoint one or more attorneys to make decisions on your behalf. It can cover:

  • Financial matters - banking, bills, investments, buying and selling property, running a business.
  • Personal (including health) matters - where you live, what services you receive, and health care decisions. (Specific instructions about medical treatment itself usually belong in an advance health directive - a separate document that works alongside the EPOA.)

Enduring vs general power of attorney - the difference that matters

A general power of attorney is a convenience tool: useful while you’re overseas or unavailable, but it is automatically revoked if you lose capacity. An enduring power of attorney survives loss of capacity - that’s its entire purpose. If you’re weighing up which one you need for a specific transaction (like a settlement while you’re travelling), ask us - it’s often a general POA for the deal plus an EPOA for life.

When does an EPOA start operating?

  • Financial matters: you choose - immediately, from a nominated date or occasion, or only once you lose capacity. Many couples make financial power start immediately for convenience; many others prefer it to start only on incapacity. Both are valid choices - the point is you make them deliberately.
  • Personal and health matters: the law fixes this - your attorney can only act once you don’t have capacity for the decision in question.

Who can be your attorney (and who can’t)

Your attorney must be an adult with capacity. For financial matters they can’t be bankrupt or insolvent, and your attorney generally can’t be your paid carer or your health provider. Choose someone who is financially sensible, geographically reachable and - bluntly - trustworthy under pressure. You can appoint more than one attorney and require them to act jointly, severally, or by majority.

The formalities: forms, witnesses and acceptance

Queensland EPOAs are made on the approved forms (the short form covers the standard appointment; the long form handles more complex arrangements, like different attorneys for different matters). Your signature must be witnessed by an eligible witness - a justice of the peace, commissioner for declarations, lawyer or notary public - who also certifies that you appeared to understand what you were signing. Each attorney then signs an acceptance before they can act. Get any of these formalities wrong and the document can be worthless exactly when it’s needed.

EPOAs and property: the bit most people miss

Before an attorney can sign land transaction documents - selling the family home to fund aged care is the classic scenario - the EPOA must be registered with Titles Queensland. As property lawyers, we see unregistered EPOAs surface mid-conveyance regularly, and the scramble to register at settlement-week speed is avoidable stress. If there’s any real property in the picture, register early.

What happens if you don’t have one?

If you lose capacity without an EPOA, nobody automatically steps in. Your family may need to apply to the Queensland Civil and Administrative Tribunal (QCAT) for the appointment of an administrator (financial) or guardian (personal) - a slower, public, more stressful process where the tribunal, not you, decides who’s in charge. The Public Trustee or Public Guardian can end up appointed instead of family.

Cancelling or revoking your EPOA

You may revoke or cancel your EPOA at any time while you have capacity to do so. There’s a form you can fill out, a Form 6, to revoke the Enduring Power of Attorney. If you revoke your EPOA,  you must take all reasonable steps to advise all of your attorneys that it’s been revoked.

If you’ve registered with the Queensland Titles Registry, you also need to register a revocation of EPOA by lodging another form, a Form 16, along with a single sided copy of the revocation of Power of Attorney Form 6.

FUN FACT - when you create a new EPOA or Advanced Health Directive, the old one is invalid.

EXTRA FUN FACT (IMPORTANT) - A POA/EPOA ceases to have any power when the Principal dies. If the principal is dead, the POA/EOPA is worthless. The Attorneys can only make decisions for you whilst you are alive. Upon death, the executors of the estate step in to make decisions for the estate of the deceased.

To learn more about other circumstances where your EPOA may be revoked or cancelled, see page 19 of the explanatory guide in the blog.

Well,  there you have it. We’ve made it through EPOA. As you can see, it’s a really powerful,  intricate document.

Power of attorney and property contracts: what agents must check

Real estate agents - keep in mind that just because a contract may be signed by a Power of Attorney, the real estate must take reasonable steps to make sure the Power of Attorney is valid, i.e. executed correctly, and the Attorneys have the power to sign on behalf of the Principal.  Best practice is to sight the original POA or get a certified copy. DON’T accept a copy that’s not the original.

Here at Empire Legal, we’re well versed with Power of Attorneys. If you have a Power of Attorney matter and you need help, call us.

Thank you everyone.

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George Sourris. Empire Legal.

If you have any questions, you can email me: george@empirelegal.com.au.

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Thanks for reading everybody. See you on the next one.

Related guides: company powers of attorney · advance health directives in QLD · how much a will costs in QLD

Getting your EPOA done with Empire Legal

An EPOA is one third of the estate-planning kit we recommend for every Queensland adult: a will, an enduring power of attorney and an advance health directive. We prepare them together, on standard fees, with proper advice about attorney choice and start dates - not a template PDF. Call 07 3088 7675 or email info@empirelegal.com.au.

Frequently asked questions

How much does a power of attorney cost in QLD?

At Empire Legal a Power of Attorney is $550 including GST. You can bundle it with a will for $1,000, or take the couple’s bundle of two wills and two Powers of Attorney for $1,600.

What is an enduring power of attorney in QLD?

A document under the Powers of Attorney Act 1998 (Qld) appointing someone to make financial and/or personal decisions for you, which keeps operating (“endures”) if you lose capacity.

What’s the difference between a general and enduring power of attorney?

A general POA is revoked automatically when you lose capacity; an enduring POA continues. Only an EPOA protects you in the dementia, stroke or serious-accident scenarios people actually worry about.

Who witnesses an enduring power of attorney in Queensland?

An eligible witness: a justice of the peace, commissioner for declarations, lawyer or notary public. The witness must certify you appeared to understand the document.

Does an EPOA need to be registered in QLD?

Only for land dealings - the EPOA must be registered with Titles Queensland before your attorney can sign property transaction documents. For everything else, registration isn’t required.

Can my attorney make medical decisions?

An attorney for personal matters can make health care decisions once you lack capacity, but specific treatment wishes are better recorded in an advance health directive, which speaks directly to doctors.

When should I make an EPOA?

Now, while you clearly have capacity. Once capacity is lost it’s too late - the document can’t be made, and QCAT becomes the only path.

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Letters of administration in QLD: who can apply + how it works

TLDR: Letters of administration are the Supreme Court of Queensland’s grant of authority to deal with the estate of someone who died without a valid will - or where the will doesn’t name an executor who can act. The process mirrors a probate application: publish a notice, wait 14 days, file with the court. Who may apply follows a priority list, starting with the surviving spouse. Empire Legal handles letters of administration for a fee quoted up front.

When someone dies without a will, there’s no executor - which means nobody automatically has legal authority to close bank accounts, sell the house or distribute what’s left. Letters of administration fix that. Here’s how they work in Queensland.

What are letters of administration?

A grant of letters of administration is an order of the Supreme Court of Queensland appointing someone (the administrator) to administer a deceased estate. The administrator does essentially the same job as an executor - collect assets, pay debts, distribute the estate - but their authority comes from the court’s grant rather than from a will.

There are two flavours:

  • Letters of administration on intestacy - no valid will exists. The estate is distributed according to Queensland’s intestacy rules in the Succession Act 1981, which we’ve explained in our guide to dying without a will in QLD.
  • Letters of administration with the will annexed - a valid will exists, but there’s no executor able or willing to act (they’ve died, lost capacity or renounced). The estate is still distributed according to the will; the court just appoints someone else to carry it out.

Who can apply for letters of administration in QLD?

The court rules set a descending priority list for intestate estates. Broadly, the order runs: the surviving spouse or de facto partner, then children, then grandchildren, parents, siblings and so on. A person lower on the list generally needs to explain why those above them aren’t applying. Where nobody suitable is available, the Public Trustee can administer the estate.

When do you actually need letters of administration?

The same practical tests as a grant of probate apply. You’ll usually need letters of administration when the deceased owned real estate in their sole name, when a bank or super fund won’t release funds without a grant, or when the estate is large or likely to be disputed. Small estates held jointly (the classic spouse scenario - joint home, joint accounts) often need no grant at all, because joint assets pass by survivorship. Our explainer on joint tenants vs tenants in common covers that distinction.

How to apply - the process

1. Publish the notice and serve the Public Trustee

As with probate, you must publish a notice of intention to apply in the Queensland Law Reporter and give a copy to the Public Trustee.

2. Wait at least 14 days

3. File the application with the Supreme Court

The application needs the death certificate, an affidavit setting out the deceased’s family circumstances (this is how the court checks the intestacy entitlements and your priority to apply), and for “will annexed” grants, the original will. The Supreme Court filing fee for 2026-27 is $847.60 - the full cost picture is in our probate costs guide, and the numbers are the same for letters of administration.

4. The grant issues

Once the registrar is satisfied, the grant issues and the administrator can deal with banks, Titles Queensland and everyone else. Requisitions are more common than with probate applications - family circumstance affidavits are easy to get wrong - so allow extra time if you’re doing it yourself.

What happens after letters of administration are granted?

The grant is the start of the job, not the end. Once it issues, the administrator steps into the shoes of the person who died and has to:

  • Collect the assets. Banks, super funds and share registries release funds once they sight the grant.
  • Deal with the property. Real estate is either transmitted into the administrator’s name at Titles Queensland or sold. Selling a house out of an estate has its own traps - see our guide to selling a property with a deceased owner on title.
  • Pay the debts first. Funeral costs, debts, tax and the costs of the administration come out before anyone inherits.
  • Distribute under the intestacy rules, set out in the next section.

Do not distribute too early. An eligible family member can bring a family provision claim if they give written notice within 6 months of the death and start the application within 9 months. An administrator who distributes more than 6 months after the death, without notice of a claim, is protected under section 44 of the Succession Act 1981 (Qld). Distribute before then and a claim that lands later can come back on the administrator personally. More in our guide to contesting a will in QLD.

Who gets the estate when there’s no will?

Queensland’s intestacy rules set a fixed order of who inherits, and it often surprises people - particularly blended families and long-term de facto partners. We set that order out in full in what happens if you die without a will in Queensland. This page covers the grant you need in order to administer it.

Letters of administration with Empire Legal

An administrator’s job is harder than an executor’s: you’re proving family relationships to a court while managing grief and, often, family tension. We prepare the notice, affidavits and Supreme Court application end to end on a quote, and because we’re property lawyers first, we can also handle the sale or transfer of any estate property in the same file. Call 07 3088 7675 or email info@empirelegal.com.au.

Frequently asked questions

What is a letter of administration in QLD?

It’s a Supreme Court of Queensland grant appointing an administrator to deal with the estate of someone who died without a valid will, or without an executor able to act. It’s the intestacy equivalent of probate.

Who can apply for letters of administration in Queensland?

Applicants follow a priority list - surviving spouse or de facto partner first, then children, then other next of kin. Someone lower on the list must generally explain why those with higher priority aren’t applying.

How long do letters of administration take in QLD?

Budget six to ten weeks end to end: 14 days minimum after the published notice, then court processing. Intestacy applications attract requisitions more often than probate, which can extend things.

How much do letters of administration cost?

The court and advertising fees match a probate application - $847.60 filing plus around $161.70 for the Queensland Law Reporter notice in 2026-27 - plus legal fees if you use a lawyer.

What’s the difference between probate and letters of administration?

Probate confirms the executor named in a valid will. Letters of administration appoint an administrator where there’s no will (on intestacy) or no available executor (with the will annexed). The end job - administering the estate - is the same.

Do I need letters of administration if everything was jointly owned?

Often no. Jointly held homes and bank accounts pass automatically to the surviving joint owner and sit outside the estate.

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Grant of probate in QLD: when it’s required + how to apply (2026 guide)

TLDR: Probate is the Supreme Court of Queensland’s official recognition that a will is valid and the executor named in it has authority to deal with the estate. You don’t always need it - it depends on what the deceased owned and how they owned it. If probate is required, the process runs: publish a notice, wait 14 days, file your application, receive the grant (usually within a few weeks if the paperwork is right). At Empire Legal our legal fee for a probate application is approximately $3,000 - $4,000 + GST, confirmed before we start.

If you’ve just been named executor of someone’s estate, “you’ll need probate” is probably a sentence you’ve already heard from a bank, a super fund or a real estate agent - usually without anyone explaining what it actually is. Here’s the plain-English version for Queensland.

What is a grant of probate in QLD?

A grant of probate is a formal order of the Supreme Court of Queensland confirming two things: that the will is the valid last will of the person who died, and that the executor named in it is authorised to collect the assets, pay the debts and distribute the estate under the Succession Act 1981 (Qld).

Think of it as the court-issued ID card for the executor. Banks, share registries, aged care providers and Titles Queensland all rely on it before they’ll hand over (or transfer) significant assets, because it protects them - and the estate - from paying the wrong person.

When is probate required in QLD?

There’s no single dollar threshold written into Queensland law. In practice, you’ll usually need probate when:

  • The deceased owned real estate in their sole name (or as tenants in common). Titles Queensland will generally require a grant before the property can be transferred or sold. If you’re in that position, our guide to selling a property with a deceased owner on title walks through it.
  • A bank or financial institution asks for it. Each institution sets its own internal threshold - commonly somewhere between $15,000 and $50,000. Below that, most banks will release funds against a certified death certificate, the will and an indemnity form.
  • A super fund or life insurer requires it before paying death benefits to the estate.
  • There’s any real prospect of a dispute - probate puts the executor’s authority beyond argument. If a family provision claim is brewing, read our guide to contesting a will in QLD.

When probate is NOT required

Plenty of Queensland estates are administered without a grant. Probate is generally unnecessary where:

  • Assets were owned as joint tenants - the home, joint bank accounts. These pass automatically to the surviving owner by survivorship and never form part of the estate. (If you’re not sure how a property is held, a title search answers it - and our explainer on joint tenants vs tenants in common covers why it matters so much.)
  • Super and life insurance have valid binding nominations paying directly to a beneficiary.
  • The estate is small and every institution involved is willing to pay out under its own low-value process.

How to apply for probate in QLD - the four steps

1. Publish the notice of intention

Before you can file, you must advertise a notice of intention to apply for a grant in the Queensland Law Reporter, and give a copy to the Public Trustee. The notice gives creditors and anyone wanting to challenge the will a window to come forward.

2. Wait 14 days

Your application can’t be filed until at least 14 days after the notice is published.

3. File the application with the Supreme Court

The application is filed in the Supreme Court registry with the original will, the death certificate and a supporting affidavit from the executor. The court filing fee for the 2026-27 financial year is $847.60 - we’ve broken down every expense in our guide to how much probate costs in QLD.

4. The registry examines and issues the grant

If the paperwork is in order, the grant usually issues within a few weeks. If the registrar raises a requisition - a question about the will, the death certificate or the affidavit material - it can take longer, which is where most DIY applications come unstuck.

How do I search probate notices in QLD?

Two common reasons to search: you’re a creditor of the estate, or you want to know whether probate has been granted on a particular will. Notices of intention to apply are published in the Queensland Law Reporter (searchable online), and the Supreme Court registry can confirm whether a grant has issued on a file. If you’re owed money by an estate, get advice quickly - time limits apply to claims.

What if there’s no will?

If there is no valid will, you apply for letters of administration instead of probate. The steps mirror the process above. See letters of administration in QLD for who has the right to apply, and in what order.

Getting probate sorted with Empire Legal

Most executors only do this job once, under pressure, while grieving. Our wills and estates team handles the notice, the affidavit material and the Supreme Court filing end to end, for approximately $3,000 - $4,000 + GST, confirmed up front - and because we’re also Queensland property lawyers, we can run the estate’s conveyancing in the same file when a property needs to be sold or transferred. Call 07 3088 7675 or email info@empirelegal.com.au.

Frequently asked questions

What is probate in QLD?

Probate is a grant made by the Supreme Court of Queensland confirming a will is valid and authorising the executor to administer the deceased’s estate under the Succession Act 1981 (Qld).

When is probate required in Queensland?

Usually when the deceased owned real estate in their sole name, when a bank or super fund insists on a grant before releasing funds, or when a dispute over the estate is likely. There is no fixed statutory dollar threshold - each institution sets its own.

How long does probate take in QLD?

Allow roughly four to eight weeks from engaging a lawyer to holding the grant: 14 days minimum between the published notice and filing, then typically two to six weeks of court processing, assuming no requisitions.

What is the court filing fee for probate in Queensland?

For 2026-27 the Supreme Court filing fee is $847.60 plus around $161.70 for the mandatory Queensland Law Reporter notice, plus legal fees if you use a lawyer. See our full probate cost guide for the breakdown.

Can I apply for probate myself?

Yes - there’s no legal requirement to use a lawyer. In practice, requisitions from the registry over affidavit material are common on DIY applications and can add weeks or months. If the estate is simple and undisputed, DIY is possible; if it involves real property or any friction between beneficiaries, get advice first.

Is probate needed if everything was owned jointly?

Generally no. Assets held as joint tenants pass to the survivor automatically and sit outside the estate, so many spouse-to-spouse estates never need a grant.

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Contesting a will in QLD: family provision claims explained

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:

  1. Give written notice of your intention to make a claim to the executor within 6 months of the date of death, and
  2. 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.

Related guides: dying without a will in QLD · how much probate costs in QLD · how much a will 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.

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.

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How much does probate cost in QLD? (2026 guide)

TLDR: Probate in Queensland has three cost buckets - a Supreme Court filing fee, a small advertising fee for the mandatory notice, and legal fees if you use a lawyer. For the current 2026-27 financial year the court filing fee is $847.60 and the advertising fee (Queensland Law Reporter) is around $161.70. Both are reviewed each July. Legal fees vary a lot between firms, so always get a fixed quote up front. At Empire Legal, our legal fee for probate is approximately $3,000 - $4,000 + GST, and we confirm your number before we start.

Losing someone is hard enough without a mountain of paperwork landing on your lap. If you’ve been named executor, one of the first questions you’ll have is a practical one: what is this going to cost? Here’s the honest answer, with real figures, minus the legal waffle.

What probate actually is

Probate is the Supreme Court of Queensland’s recognition that a will is valid and that the executor named in it has authority to deal with the estate. For when it is required, how to apply and how long a grant takes, see our full guide to probate in QLD. This page deals only with what it costs.

How much does probate cost in QLD? The three costs

Here’s the full breakdown for the current 2026-27 financial year.

Cost Amount (2026-27) Who sets it Notes
Supreme Court filing fee $847.60 Supreme Court of QLD Fixed government fee - the same whether you use a lawyer or apply yourself. Reviewed each July.
Advertising - Notice of Intention to Apply ~$161.70 Queensland Law Reporter Mandatory notice you must publish before applying.
Legal fees (if you use a lawyer) Varies by firm - approx. $3,000 - $4,000 + GST at Empire Legal Your law firm Depends on how complex the estate is, not just its dollar value.
Outlays (certified copies, title searches, etc.) Usually modest Various Small incidental costs on top.

Figures are for the 2026-27 financial year and are reviewed each July - confirm the current amounts before you apply.

1. The Supreme Court filing fee

When you lodge your application with the Supreme Court, there’s a filing fee - $847.60 for 2026-27. It’s set by the court and reviewed every July, so it changes year to year. This is a fixed government cost, and it’s the same whether you use a lawyer or go it alone. It doesn’t scale with the size of the estate.

2. The advertising fee

Before you apply, Queensland law requires you to publish a “Notice of Intention to Apply for a Grant” in the Queensland Law Reporter and give notice to the Public Trustee. There’s a small fee to publish that notice - around $161.70. It’s minor compared with the court fee, but it’s a required step. Skip it, or word it wrongly, and your application stalls.

3. Legal fees (if you use a lawyer)

This is the part that varies the most. Some firms charge a percentage of the estate’s value on a sliding scale. Others - like us - quote a standard fee based on how complex the estate actually is. A straightforward estate with a clear will and a couple of assets is a very different job to a contested estate with property in three states, so the fee should reflect that. This is why it’s always worth asking for a fixed quote up front rather than an open-ended hourly arrangement.

Why “how much does probate cost” doesn’t have one single answer

The size of the estate matters less than the mess. A tidy $2 million estate with one house and one bank account can be simpler - and cheaper to administer - than a $300,000 estate with a missing original will, a blended family and an argument brewing. Complexity drives cost, not just the dollar value.

That’s why our probate fee is a range rather than a rate card - approximately $3,000 - $4,000 + GST. We look at the estate first, then confirm your number in writing so there are no nasty surprises while you’re already grieving.

Who pays for probate?

The costs generally come out of the estate, not the executor’s own pocket. In practice, the executor may need to cover the filing and advertising fees up front and then be reimbursed from the estate once assets are released. If cash flow is tight before the grant comes through, that’s worth raising early so it can be planned for.

How long probate takes in QLD

Anywhere from a few weeks to a few months, depending on the estate’s complexity and how quickly the required notice period passes. The full step-by-step timeline is set out in our guide to applying for a grant of probate in QLD. A clean, well-prepared application moves faster - most delays come from missing documents or errors that have to be fixed and re-lodged.

Can you do probate yourself in QLD?

You can. Queensland doesn’t force you to use a lawyer, and for a very simple estate some executors handle it themselves. But the probate application process is one of those jobs where a small mistake - a wrongly worded notice, a missed step, an asset you didn’t realise needed a grant - costs you weeks, and sometimes money. For a lot of executors, the peace of mind of handing it over is worth the legal fee. If the estate is genuinely simple, we’ll tell you honestly if you’re fine to handle parts of it yourself.

When there is no will

Where there is no valid will, the grant is called letters of administration rather than probate. The court and advertising fees are the same. See letters of administration in QLD for who can apply and how the process differs.

Getting probate sorted with Empire Legal

We’re a Queensland law firm helping everyday families across Brisbane and the Gold Coast. Our team handles the whole probate process - the notice, the application, the paperwork and the distribution - for approximately $3,000 - $4,000 + GST, confirmed up front so you always know where you stand.

If you’ve lost someone and you’re staring down probate, give us a call on 07 3088 7675 (Monday to Friday, 9:00am - 5:00pm) or send us a message. Have a look at our wills and estates service for the full picture, and if a dispute is brewing, our guide on contesting a will in QLD may help too. If you are getting your own affairs in order, our guide to the cost of making a will with a solicitor in Queensland sets out the standard fees.

Related guides: selling a property with a deceased owner on the title · contesting a will in QLD · dying without a will in QLD

Frequently asked questions

How much does probate cost in QLD?

For the 2026-27 financial year, the Supreme Court filing fee is $847.60 and the mandatory advertising fee is around $161.70. On top of that you’ll have legal fees if you use a lawyer - approximately $3,000 - $4,000 + GST at Empire Legal - plus small outlays. Court and advertising fees are reviewed each July.

Do all estates need probate in Queensland?

No. Small estates and assets held as joint tenants often pass without a grant. Estates with real property or larger bank balances usually need one. We can tell you quickly whether yours does.

Does the estate or the executor pay for probate?

The costs generally come out of the estate, not the executor’s own pocket - though the executor may need to pay some fees up front and be reimbursed once assets are released.

Can I do probate myself in Queensland?

Yes, Queensland doesn’t require you to use a lawyer. But mistakes can cost weeks, so many executors prefer to hand it over - especially where there’s property or any complexity.

What happens if there is no will?

Then it’s not probate - it’s 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. Fees are reviewed each July and every estate is different - please contact our office for advice tailored to your situation.

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The information on this website is general in nature and does not take into account your personal circumstances. It is not legal advice and should not be relied on as legal advice. Empire Legal is a Queensland law practice and this website refers to Queensland law, which changes. For advice on your situation contact us, or read the full disclaimer.

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