Yes. In Queensland, eligible persons can contest a will by making a family provision application under the Succession Act 1981 (Qld). Eligible claimants generally include spouses, children, stepchildren and other dependants who were not adequately provided for under the will or intestacy. Each case is assessed on its own facts and merits.

In Queensland, you generally have 9 months from the date of death to bring a family provision claim, or 6 months from the grant of probate or letters of administration, whichever is later. These time limits are strictly applied by the courts, and late applications are rarely permitted without strong cause. We strongly recommend seeking legal advice as soon as possible.

A family provision claim is an application made to the Supreme Court of Queensland asking the court to make a greater provision for you from a deceased estate. The court has discretion to adjust distributions from the estate if it finds that adequate provision was not made for an eligible claimant. The process involves notifying the executor, negotiations and, if unresolved, a court hearing.

Costs vary depending on the complexity of the dispute, the size of the estate and whether the matter settles at mediation or proceeds to trial. Many estate disputes resolve without going to court. QLD Estate Lawyers provides clear, transparent cost information at the outset and will discuss the most cost-effective strategy for your matter during your initial consultation.

Probate is the formal court process by which a will is recognised as the valid last will of the deceased and the executor is authorised to administer the estate. Whether probate is required depends on the assets held by the estate. For estates with real property or significant assets, probate is generally necessary. QLD Estate Lawyers can assist executors and administrators through the entire probate process.