Contesting a will in QLD

Updated 20 August 2026 · 6 minute read

In Queensland, contesting a will almost always means a family provision claim — asking the Supreme Court of Queensland for a larger share because the will (or intestacy) didn't adequately provide for you. Two questions decide most claims before any argument starts: are you eligible, and are you in time?

9moDeadline — 9 months from the date of death to file (with written notice to the executor within 6 months)As at August 2026

MostClaims settle at mediation, not trialTypically inside 6–12 months

1stStep: check eligibility below, then get advice fastExtensions are never guaranteed

Who can claim in QLD

Spouse or de facto partner (including a former spouse receiving maintenance)
Children, including stepchildren and adopted children
Dependants who were wholly or substantially maintained by the deceased

QLD specifics

Queensland is the only state with a two-stage clock: written notice of an intended claim within 6 months of death, and proceedings filed within 9 months. An executor who receives no notice can lawfully distribute after six months.

What the court weighs

Your financial position and needs — the engine of most successful claims
The size of the estate and competing claims on it
The relationship, and contributions to the deceased's assets or care
Conduct and estrangement — relevant, rarely decisive on its own
Provision already made during the deceased's lifetime

If you're the executor

Don't distribute inside the window — an executor who does can be personally liable to a successful claimant. Hold, take advice, and document the timeline. The broader duties are in executor duties.

Act on the clock, not the grief

9 months passes faster than any family expects while certificates, valuations and probate itself are in motion. If a claim is even possible, get advice now — the national picture is in contesting a will in Australia.

Weighing a QLD claim — or defending one?

A fixed-fee initial consult establishes where you stand this week, not after the deadline.

Get fixed-fee probate quotes

Is challenging the will's validity the same thing?

No — validity challenges (capacity, undue influence, forgery) attack the will itself, have no fixed time limit, and are harder to win. Family provision accepts the will and argues fairness.

Can a claim be brought after distribution?

Sometimes, but recovering distributed assets is much harder — which is exactly why the deadline and executor holds exist.

Who pays the costs?

Increasingly, unsuccessful claimants carry their own. Strong claims are commonly run on deferred or no-win-no-fee terms; ask before signing anything open-ended.

Sources

Queensland Courts — wills and probate (courts.qld.gov.au)
Queensland Law Reporter — probate advertising
QLD Supreme Court filing fees 2026–27 (astrislaw.com)
ezyWill — QLD probate timeframes
Family provision legislation and court practice notes for Queensland