Updated: Oct 13
Losing a loved one is often difficult enough without the additional stress of disputes over their estate. In Queensland, if you believe a deceased person has not provided adequately for you in their Will, you may have grounds to contest it through a Family Provision Claim.
For 40+ years, we have helped families navigate these complex matters with sensitivity and clarity, ensuring our clients' rights and obligations have been protected and met.
In This Article:
To learn even more about family provision applications, visit our services page to see how we can help.
What Is A Family Provision Claim?
A Family Provision Claim allows eligible people to challenge a Will if they feel the deceased did not make reasonable financial provision for them. This type of claim is governed by the Succession Act 1981 (Qld).
The court can order additional provision from the estate to meet your needs, which may include money, property, or other assets. This ensures that those who were financially dependent on the deceased are not left in hardship.
Who Can Make A Claim?
Not everyone can contest a Will. Under Queensland law, eligible claimants typically include:
Spouses or de facto partners (including same-sex partners)
Children (including adopted and stepchildren)
Former spouses or de facto partners
Persons financially dependent on the deceased
The law balances the deceased’s wishes with the reasonable needs of family members. Eligibility can sometimes extend to people who were not formally married but had a close personal or financial relationship with the deceased.
Grounds For A Family Provision Claim
A claim does not require you to prove the Will was invalid. Instead, you must show:
Inadequate Provision
The deceased did not leave sufficient provision for your maintenance, education or support. This could include situations where the estate is large but your share is disproportionately small.
Relationship Factors
Your relationship with the deceased and other beneficiaries may influence the court’s decision. The court considers the quality and closeness of your relationship when deciding what is fair.
Financial Needs And Resources
The court will consider your financial position, including your capacity to earn an income and your other assets. The Court looks at both current needs and future financial expectations.
Time Limits For Making A Claim
Family Provision Claims in Queensland must generally be filed within nine months of the deceased’s death.
Failing to act within this timeframe can make it very difficult to pursue your claim, though the Court may allow exceptions in special circumstances.
How The Court Decides
When determining a claim, the court considers:
The Size And Nature Of The Estate
Larger estates may allow for more generous provision. The Court will weigh the total estate against the claimant’s needs and other beneficiaries' expectations.
The Claimant’s Needs And Financial Circumstances
The Court will assess your ability to support yourself. The Court may give special consideration to minors, elderly, or disabled claimants.
The Deceased’s Intentions And Reasons For Their Will’s Provisions
Evidence such as letters or conversations may be relevant. This helps the Court understand why certain beneficiaries received more or less.
The Needs Of Other Beneficiaries
The Court ensures that other beneficiaries are not unfairly disadvantaged. The Court strikes a fair balance to honour both the deceased’s wishes and claimants' entitlements.
Resolving A Claim
Many claims are settled out of Court through negotiation or mediation, which can save time, costs and emotional tension. Reaching an agreement outside Court also allows for more flexible and personalised solutions that a judge may not order.
Where disputes cannot be resolved, the Court will make a binding decision. This decision is final and enforceable, providing certainty for all parties.
How RHC Solicitors Can Help
Family Provision Claims are legally complex and emotionally charged. At RHC Solicitors, we provide clear, practical advice on your eligibility and prospects. We help you understand your likelihood of success and what outcomes may be reasonable.
We also help gather the necessary evidence and documentation, recognising that strong, well-prepared evidence is key to a successful claim.
In negotiations and court proceedings, we represent your interests with diligence and professionalism. Our goal is to protect your rights while minimising conflict with other family members and, where possible, helping maintain relationships.
Finally, we focus on achieving fair outcomes while handling matters sensitively. We understand the emotional impact these claims can have on all parties, and strive to resolve disputes in a way that balances legal fairness with compassion.
Understand Your Options
If you believe you may have the right to contest a Will, contact our experienced team today to explore your options.
Disclaimer: This publication is not intended to be comprehensive, nor does it constitute legal advice. We are unable to ensure the information is current, and there is no guarantee in relation to accuracy. You should seek legal or other professional advice before acting or relying on any of the content of this publication. The views and/or opinions expressed in this publication are those of the author and may not necessarily represent the views and/or opinions of RHC Solicitors.
RHC Solicitors ©
