Contesting a Will

Time limits are short. In Queensland you generally must give notice of your claim within 6 months of the date of death, and start court proceedings within 9 months. Talk to us as early as you can.

Who can make a claim?

In Queensland, a family provision claim can be made by:

A spouse, including a de facto or same-sex partner, and in some cases a former spouse
A child, including a stepchild or adopted child
Someone who was financially dependent on the deceased, such as a parent, a grandchild under 18, or the parent of the deceased’s child under 18

This is a general guide only. Please contact us to discuss your own circumstances.

Is there a time limit?

Yes. Notice of an intended claim generally has to be given within 6 months of the death, and proceedings started within 9 months. In some circumstances the court can extend the time, but you shouldn’t rely on it. Call us to discuss your situation.

What if I don’t believe the will is valid?

You can challenge a will if you believe it was forged, or that the person lacked the mental capacity to make it. You can also challenge it if you believe they were put under undue influence, or that fraud was involved.

Let’s talk it through.