You’ve seen the Will. It doesn’t sit right. Maybe you cared for someone for years and were left out entirely. Maybe you were included, but the amount doesn’t come close to reflecting your relationship or your needs. Whatever the reason, one question tends to surface fast: how long do I actually have to do something about this?
It’s one of the most common questions we’re asked at Frigo James Legal — and it’s also one of the easiest to get wrong, because there are actually two different deadlines at play, not one.
The two deadlines that matter
Family provision claims in Queensland are governed by the Succession Act 1981 (Qld), specifically Part IV. Two timeframes sit inside that framework:
- Six months — the notice deadline. To protection your position, you should give the executor written notice of your intention to make a claim within six months of the date of death. An executor who distributes the estate before receiving notice, and more than six months after death, is generally protected from later claims under section 44(3) of the Act. Providing notice early helps preserve your ability to pursue a claim.
- Nine months — the filing deadline. This is the deadline that actually ends most claims. Under section 41(8) of the Succession Act 1981 (Qld), a family provision application generally cannot be heard by the Supreme Court of Queensland unless it is filed within nine months of the date of death. Miss this window, and you no longer have an automatic right to be heard — you’d need the court’s leave (permission) to proceed out of time, which is not guaranteed and depends on factors such as the length and reason for the delay, and whether anyone would be prejudiced.
Why the gap between six and nine months matters
Executors are often keen to distribute an estate and finalise matters — understandably, grief doesn’t pause paperwork. But if you’re an eligible person (a spouse, child, or dependant of the deceased, broadly speaking) and you’re even considering a claim, waiting until month eight or nine to raise it can leave you negotiating from a much weaker position, or scrambling to get an application filed in time.
The safer, more strategic path is to get advice as early as possible — ideally well before the six-month notice mark — so you understand where you stand, what your claim might realistically achieve, and whether the matter can be resolved without a drawn-out court process at all.
You can still resolve this without a courtroom fight
At Frigo James Legal, our starting point is never litigation for its own sake. Many family provision matters resolve through negotiation or mediation once both sides understand the legal and financial realities — preserving family relationships that a bitter estate dispute can otherwise destroy. Court remains an important option when necessary, but they are not always the first solution.
If you’re unsure whether you have a valid claim, or you’ve just been notified that someone else intends to make one against an estate you’re administering, the time to get advice is now — obtaining advice early can make a significant difference.
Read more about your rights and the eligibility criteria in our detailed guide on family provision claims in Queensland, or explore the broader picture in our article on contesting a Will in Queensland.
If your concern relates specifically to being left out of a parent’s Will, our article on disinheriting a child covers that scenario in more depth.
Where to start
Our Wills & Estates team can assess your situation, confirm where you sit within the six and nine-month framework, and set out your options clearly — without the legal jargon. If you believe you may need to lodge a family provision application, you can also view our family provision claim intake form to get the process started.
The sooner you get advice, the more options you have. If you’d like to understand where you stand, we’re here: Get in touch with Frigo James Legal or call (07) 5621 3799.
