Yes, you can contest a will after probate in Queensland, but strict time limits and legal grounds apply simultaneously. Trust us, probate doesn’t always slam the door on your options. The deceased’s estate can still be challenged if you have valid reasons and act quickly.
It’s because the wills and estates system in Queensland recognises situations where someone gets left out unfairly. For example, maybe the deceased made promises they didn’t keep in their will, or perhaps you relied on them financially and received nothing.
So, if you’re facing the same situation, firms like SecuratorLegal can help you to understand your legal advice options before deadlines pass.
This article walks you through the time frames, legal grounds, and costs involved in contesting a will after probate. So, you’ll learn who qualifies to make a claim and what evidence the court expects.
Let’s get started.
Contest a Will After Probate: Here’s What Queensland Law Says
As we’ve already mentioned, Queensland law allows will contests after probate, but you’ll face tight deadlines and must prove valid legal grounds. In that process, the Succession Act sets out who can challenge a will and when.
Let’s learn the two main paths for contesting wills after probate in detail.
Time Limits: How Long After Probate Can You Challenge a Will?
Nine months from the date of death is your window for filing a family provision application in Queensland. It means the clock starts from when the deceased passed away, not when probate is granted. So, if you miss this deadline, you’ll need to convince the court you have good reasons for the delay.
But frankly, extensions aren’t handed out like candy. The court grants extra time only if you show reasonable cause, like maybe you didn’t know about the deceased’s death until months later. These situations might justify an extension, but there’s no guarantee.
Sometimes, different time limits apply if you’re challenging the will’s validity. That’s why testamentary capacity claims or improper execution disputes don’t follow the strict nine-month rule.
Legal Grounds for Contesting a Will After Probate
Basically, three main grounds exist for challenging wills after probate. Each requires different evidence as follows:
- Family Provision Claims: These argue the deceased didn’t make adequate provision for you as an eligible person. That’s why the court examines whether the will maker fulfilled their moral duty to provide proper maintenance (and yes, family disputes get messy fast).
- Testamentary Capacity Challenges: These question whether the will maker had the mental capacity to understand their decisions. So, medical records from the time when they signed the will often decide these cases.
- Improper Execution Claims: They focus on technical failures, like wills not witnessed correctly or undue influence where significant pressure overrode the deceased’s free choice.
Here, your lawyer will help you to determine which ground fits your situation best.
Family Provision Applications: When Inadequate Provision Becomes a Problem
The best part about family provision claims is that they recognise when a will fails to support people who genuinely need help.
Sometimes, inadequate provision becomes a problem when you’re left out entirely or receive far less than you need to live on. Maybe you cared for your parent for years and got nothing, or your spouse left everything to a new partner while you’re struggling financially.
In both cases, family provision claims will preserve your right.
In practice, the court doesn’t just rubber-stamp the claims of your respondent. Instead, Queensland courts weigh your financial needs against the size of the deceased estate. They also look at your relationship with the deceased and what other beneficiaries received.
After that, the court decides whether the will maker met their moral duty to ensure proper maintenance for you.
Generally, successful claims result in court orders redistributing assets from the estate. The court can award a lump sum, ongoing payments, or property transfers based on your circumstances and financial position.
Once that’s established, the next question is who qualifies.
Who Can Make a Family Provision Claim in Queensland?
Spouses, children, de facto partners, andfinancial dependants can make family provision claims under Queensland law. Here’s how the Succession Act divides applicants into categories based on their relationship with the deceased:
- Automatically Eligible Applicants: The deceased’s spouse or de facto partner qualifies without proving anything else. Children of the deceased, including stepchildren and adopted children, also fall into this category. So, if you’re in this group, you only need to show that the provision was inadequate.
- Dependants Need to Prove Their Case: If you relied on the deceased for financial support, you can apply as a dependant. Here, de facto relationships need evidence like shared living arrangements or financial dependence over time. Drawing from our experience at Securator Legal, stepchildren often face confusion about their eligibility, especially when the deceased and their other parent separated years ago.
- Other Family Members: Grandchildren, siblings, and other relatives must prove both financial dependence and a close relationship with the deceased. These claims face tougher, careful, and detailed observation from the court.
Bottom line: Your eligibility determines how much evidence you’ll need to gather before filing a formal application.
What Are the Legal Costs of Contesting a Will After Probate?
According to our industry estimation, legal costs for contesting a will typically range from $15,000 to $50,000, depending on case complexity and court involvement (that’s a bill most estates would rather avoid).
To be more specific, simple family provision claims settled early might cost $15,000 to $25,000. On the flip side, cases going to a full Supreme Court hearing can hit $50,000 or more.
Here, two specific types of challenges come with their own evidentiary requirements:
Testamentary Capacity and Improper Execution: Technical Defences Explained
Testamentary capacity means the will maker understood what property they owned and who should reasonably inherit it. As a result, they needed to grasp the effect of their decisions when they signed. When courts decide these types of cases, they rely heavily on medical evidence.
Medical records from doctors who treated the deceased around the time they made the will count most in this case (we’ve seen plenty of cases collapse without it). Also, hospital notes, GP visits, and specialist reports all help to prove or disprove capacity. Even if the person believes they’re making sound decisions, medical evidence might show otherwise.
Meanwhile, improper execution covers technical problems with how the will was created. Maybe it wasn’t witnessed correctly under the formal requirements, or perhaps undue influence came into play where someone used significant pressure to change the deceased’s wishes.
This way, when things get too messy to control, these legal requirements (testamentary capacity and improper execution) exist to protect vulnerable people.
From there, the focus shifts to getting proper representation.
Queensland Courts Expect Professional Legal Advice
The court wants evidence that you’ve received independent legal advice before starting family provision or will contest cases. In short, going solo is a gamble most people lose. Which is why Queensland courts expect you to understand the legal action you’re taking.
Traditionally, lawyers help gather proof, meet strict deadlines, and handle succession law requirements. Our tests with clients show that having a solicitor from the start dramatically reduces procedural rejections. It’s because they spot weaknesses before filing and help avoid costly mistakes.
On top of that, professional representation improves your chances of a successful claim. Most wills and estates lawyers in areas like the Gold Coast offer a no-obligation consultation to discuss your situation first.
Get Clear Answers Before Time Runs Out
Contesting a will after probate isn’t impossible, but time limits and legal costs make early action necessary. So, you need to understand your position as an eligible person and whether you have grounds for a claim.
Remember, the deceased estate won’t wait while you figure things out.
Queensland courts handle these disputes regularly, but each case depends on specific circumstances. Your relationship with the deceased, your financial needs, and the provision from the estate all play a role in the court’s decision.
If you’re thinking about a family provision claim, speak directly with a lawyer who handles succession law. In this case, Securator Legal can help you to gain clarity on your options and whether you meet the requirements for a formal application.
