When someone passes away, questions about inheritance often follow. If you believe a deceased family member did not make adequate provision for you, whether they left a Will or not, you may be eligible to make a family provision claim under Queensland law.
A family provision claim allows certain eligible people to ask the court for a larger share of a deceased estate if the existing distribution does not provide adequate maintenance and support.
This guide answers some of the most common questions about contesting a Will in Queensland and making a family provision claim. The information is general in nature and should not replace legal advice tailored to your individual circumstances.
Who Can Make a Family Provision Claim in Queensland?
The Succession Act 1981 (Qld) gives the court the power to order further provision from a deceased estate if an eligible person has not received adequate provision for their proper maintenance and support.
You may be eligible if you are:
- A spouse, including a married, de facto or civil partner
- A child, including a biological child, adopted child or stepchild
- A dependant who relied on the deceased for financial support and meets the requirements under the legislation
An experienced estate lawyer can assess your relationship with the deceased and advise whether you are eligible to make a family provision claim.
What Are the Time Limits for a Family Provision Claim?
Yes. Queensland has strict deadlines for family provision claims.
- You must notify the estate’s legal representative of your intention to make a claim within six months of the deceased’s death.
- You must file your application with the court within nine months of the date of death.
Missing these deadlines can affect your ability to bring a claim. Although the court may allow an extension in limited circumstances, it does so at its discretion. You should seek legal advice as early as possible.
Can You Contest an Estate if There Is No Will?
Yes. You may still be able to make a family provision claim even if the deceased did not leave a valid Will.
When someone dies without a Will, they die intestate. Queensland’s intestacy laws determine how their estate will be distributed. However, an eligible person can still seek additional provision if the proposed distribution does not adequately provide for their proper maintenance and support.
Will I Need to Go to Court?
Not always.
Many family provision claims settle through negotiation or mediation before reaching a courtroom. Mediation often provides a faster, less stressful and more cost-effective way to resolve disputes.
The executor can negotiate and settle claims on behalf of the estate, usually with advice from an experienced estate lawyer.
If the parties cannot reach an agreement, the matter may proceed to court for determination.
What Does the Court Consider?
Every family provision claim depends on its own facts. The court considers whether the deceased made adequate provision for the applicant’s proper maintenance and support.
Factors the court commonly considers include:
- Your age, health and financial circumstances
- Your relationship with the deceased
- The size and value of the deceased estate
- The financial needs of other beneficiaries and eligible claimants
- Any contributions you made to the deceased’s welfare or estate
The court aims to reach a fair outcome after considering all relevant circumstances.
How Much Does a Family Provision Claim Cost?
The cost of making a family provision claim varies depending on the complexity of the matter, whether the parties settle early and whether court proceedings become necessary.
Your lawyer can explain the likely costs and fee structure at the beginning of your matter. If the dispute proceeds to litigation, the court decides how legal costs will be allocated.
How Long Does a Family Provision Claim Take?
The timeframe varies from case to case.
Many claims resolve within several months through negotiation or mediation. Matters that proceed to court generally take longer because of court timetables and the complexity of the dispute.
Obtaining legal advice early can improve your chances of resolving the matter efficiently while protecting your legal rights.
Need Advice About Contesting a Will in Queensland?
Family provision claims can be legally complex and emotionally challenging. Whether you are considering making a claim or defending one, obtaining advice from an experienced estate lawyer can help you understand your rights and the options available.
This information is general only and does not constitute legal advice.
If you or someone you know needs advice about a family provision claim or contesting a Will in Queensland, contact our team on 07 5576 9999 or email [email protected].
