Contesting a will in Queensland: who can, and the time limits

Queensland law lets certain people apply to the court for a larger share of an estate where they have not been adequately provided for. These are called family provision applications, and the deadlines are strict and unforgiving.

Written by Michael Klein, Legal Practice Director, admitted 2003 · General information about Queensland law · Last reviewed 2026

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How a family provision claim runs

1
Confirm you are eligible
In Queensland only a spouse, child (including adult and stepchild) or a dependant can bring a family provision claim.
2
Notify the executorWithin 6 months of death
Written notice of the intended claim. Miss this and the executor may lawfully distribute the estate.
3
File in courtWithin 9 months of death
The claim must be filed within 9 months of the date of death unless the court extends time.
4
Disclosure and evidence
Affidavits on the size of the estate, your financial position and your relationship with the deceased.
5
Mediation
The great majority of Queensland family provision claims settle at mediation, not at trial.
6
Trial, if it doesn't settle
The court decides whether adequate provision was made and, if not, what provision to order out of the estate.

The 6 and 9 month limits are strict. If you are close to either, get advice this week rather than next month.

Who is eligible to apply

Only certain categories of people can bring a family provision application in Queensland:

A spouse — including a de facto partner, and in some cases a former spouse who was being maintained
A child — including adopted and stepchildren in defined circumstances
A dependant — someone who was wholly or substantially maintained by the deceased and falls within the defined categories

The two deadlines that matter

You must give written notice of your intention to the executor within six months of the date of death, and you must file the application in court within nine months of the date of death.

The court can extend time in some circumstances, but there is no guarantee, and once the estate has been distributed recovering assets becomes far harder. If you are thinking about it, get advice early rather than after the funeral dust settles.

What the court considers

The question is whether adequate provision has been made for your proper maintenance and support. The court weighs your financial position and needs, the size of the estate, your relationship with the deceased, contributions you made to their assets or care, competing claims by other beneficiaries, and any reasons the deceased gave for the disposition.

Being left out is not itself enough. Nor is being an adult child in comfortable circumstances. The strongest claims combine genuine financial need with a real relationship or contribution.

Challenging validity is a different thing

A family provision application accepts the will is valid but asks for more. A validity challenge says the will should not stand at all — because the will-maker lacked testamentary capacity, did not know and approve its contents, was unduly influenced, or the document was not properly executed.

These claims have different tests and different evidence. Contemporaneous medical records and the file notes of the solicitor who prepared the will often decide them.

If you are the executor

Do not distribute the estate until the notice and application periods have passed, or you may become personally liable. Take advice as soon as a claim is foreshadowed, and keep the beneficiaries informed. Most family provision claims settle at mediation rather than at trial.

Frequently asked questions

How much does it cost to contest a will?

It depends entirely on whether the matter settles early. Most claims resolve at mediation. Costs are sometimes paid from the estate, but that is a matter for the court and should never be assumed.

Can a stepchild contest a will in Queensland?

A stepchild can be eligible in defined circumstances, generally where the relationship with the deceased and the parent's marriage or de facto relationship meet statutory requirements. It is worth checking rather than assuming.

What if the estate is small?

The size of the estate is directly relevant. Where an estate is modest, litigation can consume the very provision being sought, and a negotiated outcome is usually the sensible path.

This guide is general information about Queensland law, current at the time of writing. It is not legal advice and does not take your circumstances into account. Call Coastside Law on 0488 340 853 for advice on your own matter.

Next steps

Where to go from here if this is your situation.

1Wills, probate and estatesWills, executor work, probate applications and estate administration in Queensland.See how we help
2Check the fixed feeExactly what our conveyancing costs, what is included, and what the third-party disbursements are.View our fees
3Talk it throughA short, no-obligation conversation with a lawyer at our Golden Beach office.Request a consultation Call 0488 340 853

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