Grounds for Contesting a Will in QLD Explained

When a will doesn’t seem fair, it can feel like a second loss on top of the grief you’re already carrying. And if you’ve been left out or given far less than expected, the confusion only grows. So where do you even start?

At Securator Legal, we’ve helped many Queensland families understand their rights through family provision claims. This guide walks you through the grounds for contesting a will in QLD, who qualifies to claim, and how to protect yourself. You’ll finish reading with a clear sense of your next move.

What Are the Grounds for Contesting a Will in QLD?

In Queensland, you can contest a will based on four main grounds: lack of testamentary capacity, undue influence, fraud, or the will not being signed correctly. These grounds for contesting focus on problems with how the will was made.

Here’s what each one affects your situation.

Lack of Testamentary Capacity

Testamentary capacity means the deceased person understood what they owned, who should inherit, and what signing a will does. If the willmaker had dementia or another condition affecting their mental capacity, the will may be invalid. Courts often review medical records from around the time of signing to assess mental capacity.

Undue Influence or Fraud

Undue influence occurs when someone applies significant pressure on the willmaker to change their wishes (and yes, we’ve seen families torn apart over this). 

It might be a carer, a new partner, or a relative using undue influence to benefit themselves. Here, fraud involves tricking the deceased person into signing something they didn’t understand.

Now, let’s look at who can actually make a family provision claim in Queensland. 

Who Can Make a Family Provision Claim in QLD?

Not everyone is eligible to contest a will, so knowing your status early helps you act before time limits kick in. Let’s take a quick look at who can apply. 

• Deceased’s Spouse: This includes a husband, wife, de facto partner, or registered partner in a genuine domestic relationship.
• Children: A biological child, adopted child, or surviving child of any age may be eligible to contest under family provision laws.
• Deceased’s Dependant: If you were substantially maintained and financially dependent on the deceased person, you may qualify. This often applies to family members like elderly parents.

We’ve helped stepchildren and de facto partners make successful family provision claims, though eligibility depends on the claimant’s relationship with the deceased. 

What Happens When the Deceased Died Intestate?

When there is no valid will, the estate is considered “intestate”, and it’s distributed according to the rules set out in the Succession Act. This determines who inherits what and its proportions.

In these cases, the Supreme Court follows a fixed order. When the deceased died intestate, the deceased person’s spouse receives first, followed by children, and then close family members like parents or siblings.

But here’s the good news: you can still lodge a family provision application even when the deceased person died intestate. So if you had a close relationship or other family members depended on the deceased, you may still have a valid claim.

What Counts as Inadequate Provision Under the Succession Act?

Inadequate provision means the deceased person’s will didn’t leave you enough for your proper maintenance and support. But how do courts decide what counts as “enough”? Under the Succession Act, they weigh several factors before making a decision. 

Here’s what they consider.

Once that’s established, the court looks at whether the deceased adequately provided for your financial needs. At its core, this comes down to one question: did the will meet the moral obligation the deceased person had toward you? 

From there, courts examine the full picture under the Succession Act. So if your adequate provision falls short, you may have grounds to claim further support.

From there, the focus shifts to what this might cost you. 

Understanding Legal Costs When Challenging a Will in QLD

One of the biggest concerns people have about contesting a will is how legal costs build over time.

Frankly, the cost depends on how complicated your legal matter is and whether it settles through dispute resolution or goes to the Supreme Court. Most of the estate disputes we’ve worked on have been settled through mediation, which keeps legal costs down and avoids lengthy legal proceedings. 

And if your family provision claim succeeds, you may have legal costs paid from the estate instead.

Pro Tip: Request fee details during your free initial consultation. This helps you decide whether dispute resolution or court suits your situation better.

FAQs About Family Provision Applications

Now that you understand the basics, here are some common questions people ask about family provision applications.

How long do I have to lodge a family provision application in Queensland?

You have nine months from the person’s death to file, and you must notify the executor within six months of the deceased’s death. These time limits are strict, though the court grants extensions sometimes. If you’re near the nine-month mark, seek legal advice now.

Can I contest a will if I was left out completely?

Yes, and case law suggests courts often award family members further provision when they exclude an eligible person with financial need. If someone exerted the deceased’s influence, your grounds for contesting grow stronger.

What evidence do I need?

Gather financial documents, medical records, and witness statements showing you were substantially maintained or had a relationship with the deceased. Remember, getting legal advice on the date of death and time limits helps you build a solid family provision case.

Getting Professional Advice is Your Next Step

With that in mind, if you have valid grounds to contest a will, speaking with a lawyer is the next step, and acting early helps you meet strict time limits.

Professional guidance shows whether you’re eligible to contest and what fair outcome you might achieve. So if you need professional advice and legal advice on your family provision claim, contact Securator Legal for a free initial consultation to seek advice.