Two Ways a Will Can Be Disputed in Queensland
Most people don’t realise there are two separate legal pathways — and they solve very different problems.
1. You’ve been left out, or not properly provided for This is called a family provision claim. Under the Succession Act 1981 (Qld), certain eligible people who have been left out of a will, or who haven’t been adequately provided for, can ask the Supreme Court of Queensland to adjust how the estate is shared. It isn’t about proving the will is “fake” — it’s about fairness. Learn more in our guide to family provision claims in Queensland.
2. You believe the will itself isn’t valid Sometimes the concern is the will’s validity. A will may be challenged on grounds such as the will-maker lacking the mental capacity to understand what they were signing, being pressured or unduly influenced, the will being forged, or it not being signed and witnessed correctly. Our article on contesting a will in Queensland explains how these grounds work in practice.
Not sure which applies to you? That’s exactly what your free consultation is for.
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Time Limits Matter — More Than People Expect
This is the part we wish more people knew sooner. In Queensland, a family provision claim has strict time limits under the Succession Act 1981 (Qld):
- Written notice of your intention to claim should be given to the estate within 6 months of the date of death
- Court proceedings must generally be commenced within 9 months of the date of death
The court does have discretion to allow some late applications — but that’s never guaranteed, and once an estate has been distributed, options narrow quickly.
The simple takeaway: the sooner you get advice, the more choices you have.
Worried you might be running out of time? Let’s talk today.
Proper estate planning ensures your assets will be distributed as you intend, potentially helping reduce taxes or costs related to probate administration.
Common Situations We Help With
- You were promised something that the will doesn’t reflect
- You cared for someone for years and were left out
- A new partner or recent relationship changed everything
- You suspect the will-maker wasn’t well enough to understand the will
- You’re a child who has been disinherited or under-provided for
- You’re an executor facing a claim and need to know your duties
Every situation is different, and nothing here is legal advice — it’s a starting point for a conversation.
Start With a Free, No-Pressure Consultation
If a will doesn’t sit right, you don’t have to work it out alone. In your free consultation, we’ll listen to your situation, explain your options in plain terms, and help you understand whether you have a pathway forward — with no obligation to proceed.
