Time limits for contesting a will in Queensland

Queensland runs two clocks on a family provision claim, and both start on the date of death — not on the date of the funeral, the reading of the will, or the grant of probate. Miss them and you are asking the court for permission rather than asking for provision.

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

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The two deadlines that matter

1
Date of deathClock starts
Both limits run from the date of death, not from the date of the grant of probate.
2
Written notice to the executor6 months
Protects your position and stops the executor safely distributing the estate out from under you.
3
Claim filed in court9 months
After this you need the court's leave to proceed out of time, which is not guaranteed.
4
Extension applications
The court can extend, but weighs your explanation for the delay and whether the estate has already been distributed.

The two deadlines

Under the Succession Act 1981 (Qld) an eligible applicant must give the executor written notice of an intention to apply within six months of the date of death, and must file the application in the court within nine months of the date of death.

The notice is not a formality. It is what stops the executor from safely distributing the estate, and it buys you the time to gather financial material and try to resolve the claim without litigation.

6 months from death — written notice of intention to the executor
9 months from death — application filed in the Supreme or District Court
Both clocks run from the date of death, not the grant of probate

Can the court extend time?

Yes, the court has power to extend, but it is discretionary and not granted for the asking. The court looks at the length of the delay and the reason for it, whether the applicant has an arguable claim, whether the executor or beneficiaries would be prejudiced, and — critically — whether the estate has already been distributed.

An extension is far more realistic where the delay is short, explained, and the assets are still intact. Once the money is spent, an extension may be worth nothing even if it is granted.

What happens if the estate is already distributed

An executor who distributes after the statutory periods have expired, without notice of a claim, is generally protected. The claim then has to chase the beneficiaries personally for what they received, which is slower, costlier and often futile.

This is why the first step in any potential claim is a letter to the executor, not a decision about whether to litigate.

Executors: what the dates mean for you

Do not distribute before nine months from death unless you have taken advice, even where beneficiaries are pressing you. Distributing early with knowledge of a foreshadowed claim can expose you personally.

Interim distributions are sometimes possible where the estate is large relative to the claim. Get that agreed in writing before you release funds.

Frequently asked questions

When does the nine months start — death or probate?

Date of death. Probate is irrelevant to the deadline, which surprises many applicants because probate can take months to issue.

I only found out about the will after nine months. Is it too late?

Not automatically. Late discovery is one of the reasons courts extend time, particularly where the estate has not been distributed. Move immediately — every further week of delay weakens the application.

Does giving notice mean I have to sue?

No. Notice preserves your position. Most family provision claims are then resolved by negotiation or mediation without a trial.

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.

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