Wills & estates
Estate disputes — contesting a will, and defending one
Family provision claims, challenges to a will's validity and disputes between executors and beneficiaries. Two deadlines run from the date of death, so the first call matters more than the last. We act for claimants and for executors across Caloundra, the Sunshine Coast and Moreton Bay.
In Queensland you must give the executor written notice within six months of the date of death, and file any family provision application within nine months. Both run from death, not from probate. If you are near either date, call 0488 340 853 today rather than waiting for an appointment.
If you have been left out
An unequal or exclusionary will is not automatically unlawful. The question the court asks is whether adequate provision was made for your proper maintenance and support, weighed against your financial position, the size of the estate, your contributions and the competing claims of other beneficiaries. We will tell you honestly at the first appointment whether a claim is worth running.
- Family provision applications for spouses, de facto partners and former partners
- Claims by children, adult children and stepchildren left out or inadequately provided for
- Claims by dependants who were being maintained by the deceased
- Challenges to a will's validity — capacity, undue influence, suspicious circumstances
- Caveats against a grant of probate where a will is in question
- Disputes over informal wills, notes and unsigned documents
If you are the executor defending the estate
Executors carry personal exposure if they distribute while a claim is on foot, and they are often dealing with grieving beneficiaries at the same time. We take that pressure off you, deal with the claimant's solicitors, and keep the estate's costs proportionate to what is actually in dispute.
- Responding to a notice of intention and protecting you from personal liability
- Defending the estate at mediation and, where necessary, at trial
- Applications for directions, and advice on interim distributions
- Removal or replacement of an executor who will not act
- Estate accounts, beneficiary demands and claims of executor misconduct
- Recovering estate assets and dealing with contested lifetime transfers
Read before you decide
Our plain-English guides cover each part of a Queensland estate dispute.
- Contesting a will in Queensland: who can, and the time limits
- Time limits for contesting a will in Queensland
- My parent left everything to one child — what can I do?
- Challenging a will's validity: capacity and undue influence
- How much does it cost to contest a will?
- Executor's guide to a contested estate
Estate disputes by area
We act for claimants and executors across the Sunshine Coast and Moreton Bay, with a peninsula office at 15 Fortune Street, Scarborough QLD 4020 by appointment.
- Contesting a will Redcliffe
- Contesting a will Scarborough
- Contesting a will North Lakes
- Contesting a will Caboolture
Who will act for you
Michael Klein
Legal Practice Director
Admitted 2003. Based in Redcliffe, Moreton Bay.
Read Michael's profile
Questions about contesting a will in Queensland
Who can contest a will in Queensland?
A spouse (including a de facto partner and, in some cases, a former spouse being maintained), a child (including adopted children and stepchildren in defined circumstances), and a dependant who was wholly or substantially maintained by the deceased. Anyone outside those categories is not eligible, however unfair the will feels.
How long do I have to contest a will in Queensland?
Written notice of your intention must reach the executor within six months of the date of death, and the application must be filed in court within nine months of the date of death. Both clocks run from death, not from the grant of probate. The court can extend time, but it is discretionary and much harder once the estate has been distributed.
What is the difference between contesting a will and challenging it?
A family provision claim accepts that the will is valid and asks the court for a larger share. A validity challenge says the will should not operate at all — because of a lack of testamentary capacity, no knowledge and approval, undue influence, improper execution or forgery. They need different evidence and can be run together in the alternative.
Do I have to go to court?
Usually not. The application is filed in court, but the overwhelming majority of Queensland family provision claims are resolved at mediation or in negotiation before a hearing. Our aim is to resolve your matter at the earliest stage that produces a fair outcome.
I am the executor and a claim has been made. What should I do?
Do not distribute the estate, respond to the notice, and get advice. An executor who distributes with knowledge of a foreshadowed claim can become personally liable. Your reasonable costs of properly defending the estate are generally payable from it. Call 0488 340 853 before you release any funds.
Does the estate pay my legal costs?
Not automatically. Costs are in the court's discretion. Successful applicants often have costs paid from the estate, but unsuccessful applicants — particularly in small estates — can be left paying their own and sometimes the estate's. We give you a frank view of the risk before anything is filed.
Close to the six or nine month deadline?
Call 0488 340 853. Even a short conversation now can protect your position while we look at the will properly.