Who Can Contest a Will in Queensland?

When a loved one passes away, the family and friends must deal with grieving and many logistical matters, including the who can contest a will in queensland person’s estate. Australian law recognises this and allows certain relatives, family members or dependents the right to contest a will if they feel that they have been left out of the estate, or received insufficient amounts from it.

The laws around this differ from state to state, but in Queensland the main law is the Succession Act of 1981. Sections 40-44 of this act are the relevant sections dealing with what is called a “family provision claim”. This is when a person who is an eligible applicant makes a claim to the Court that further provision should be made from the deceased’s Estate.

Who Can Contest a Will in Queensland? Understanding Eligibility and Grounds for Challenging

Eligible applicants include spouses, children and dependants of the deceased person. The definition of a dependant is broader than you might think and includes anyone who is being ‘wholly or substantially’ supported by the deceased at the time of death. It also covers step-children who were legally adopted by the deceased.

There are strict time limits for making a Family Provision Claim, namely six months from the date of death to notify the executor and nine months to file the claim in Court. This is because it is important to ensure that the assets of the estate are not sold or distributed before starting a legal action against the deceased’s estate. In addition, there is a requirement that the deceased had testamentary capacity to make their Will, which means they were of sound mind and understanding at the time.