Contested Wills and Estate Dispute Lawyers, Brisbane
We help people contest Wills, challenge unfair provisions, and resolve executor disputes fast.
We help people contest Wills, challenge unfair provisions, and resolve executor disputes fast.
Queensland gives you less time than New South Wales or Victoria. Proceedings must be started within nine months of the death.
There is also a step in Queensland that people miss. Notifying the executor in writing, early, protects your position — because an executor who has heard nothing is entitled to distribute the estate once nine months have passed, and an estate that has been paid out is a much harder thing to claim against.
So in Queensland the order of events matters as much as the deadline.
The Queensland time limit
A family provision application in Queensland will not be heard unless the proceedings are instituted within nine months after the death of the deceased, unless the court directs otherwise.
The nine months runs from the death, not from the grant of probate.
Why you should notify the executor in writing, early
This is not a second deadline, and you may see it described as one elsewhere. The reason to give notice early is practical.
A personal representative who has received no written notice of a claim is protected if they distribute the estate nine months or more after the death. Once the estate has been distributed to the beneficiaries, recovering a share becomes considerably harder, whatever the merits of your claim.
Putting the executor on notice in writing, well before the nine months is up, is what keeps the estate intact while your claim is worked out. It is the first thing we do.
Here’s How We Can Help
Queensland allows applications by a spouse — which includes a husband or wife, a de facto partner and, in defined circumstances, a former spouse — by a child, including an adult child and a stepchild, and by a dependant who was being wholly or substantially maintained or supported by the deceased at the time of death.
The dependant category is narrower than people expect and turns on actual financial support, so it is worth checking rather than assuming.
What the Court looks at, and what you might receive
There is no set amount and no percentage. The Court asks whether adequate provision has been made for your proper maintenance and support, judged against your circumstances.
It weighs your financial position and needs, your age and health, the size of the estate, your relationship with the deceased, any contribution you made to building up the estate, what the deceased gave you during their lifetime, and the position of the other beneficiaries.
Anyone who quotes you a figure before knowing what the estate holds and what you need is guessing. We will give you a range once we know both.
Get Clear Advice to Resolve Will and Estate Disputes – Book Your Consultation Today.
Get Clear Advice to Resolve Will and Estate Disputes – Book Your Consultation Today.
Contest a Will and Family Provision claims
Why Families and Executors Rely on Us in Estate Disputes
Family provision applications in Queensland are commenced in the Supreme Court of Queensland. Most are resolved at mediation. Queensland practice pushes these matters toward mediation early, and the majority do not reach a final hearing.
Our Brisbane office acts in will and estate disputes across Queensland, including the Gold Coast and Sunshine Coast, for people making claims and for executors defending them. You can read our will and estate disputes overview for more on how we work. Because the Queensland window is nine months, the first conversation is worth having sooner rather than later.
We’re Wills & Estate Lawyers With a Record of Proven Results in Protecting Assets and Resolving Disputes
We’ll explain your position clearly, and give you a practical roadmap for moving forward
01
Family Provision
Claims
03
Executor and
Probate Disputes
05
Mediation and
Negotiation
02
Will Validity
Challenges
04
Superannuation
Death Benefit
Disputes
06
Court Representation
and Urgent Orders
Your Solution Starts With a Consultation
Practical Wills & Estate Solutions That Protect Assets, Prevent Disputes & Reduce Stress Without Unnecessary Legal Costs
Consult
Book a free 15-minute chat to review your situation and options.
Plan
We create a tailored strategy and take action, like issuing a demand.
Resolve
We negotiate, mediate or litigate to secure the best outcome.
Real Stories, Real Results, Real Peace of Mind From Families Who’ve Been Where You Are
Baihn Constructions
★★★★★
“TDL’s expertise in the building and construction industry have been invaluable to our growing business. They have been a trusted partner in helping us navigate contracts and adopt smart business practices to support complex situations with confidence. We highly recommend their services!”
Eco-Essence Homes
★★★★★
“TDL are exactly who they say they are and do exactly what they say they will do for you. The outcomes we have had with TDL have far exceeded our expectations and we would not hesitate in recommending TDL to any construction industry participant who needs help to solve an issue, no matter how big or small.”
Book Your Consultation with Experienced Estate Dispute Lawyers
If you have been left out of a Queensland will, tell us the date of death and we can tell you how much time is left and what the next step is. Book a 15-minute consultation or call 1300 286 578.
Questions people ask
Proceedings must be instituted within nine months of the death. That is shorter than New South Wales, which allows twelve months, and it runs from the death rather than from probate.
You should, in writing and early. It is not a separate statutory deadline, but an executor who has had no notice can distribute the estate nine months after the death, and that makes a claim much harder.
There is no maximum and no fixed share. The Court decides what adequate provision for your proper maintenance and support looks like, based on your circumstances and the size of the estate.
Yes. Stepchildren fall within the definition of child for the purposes of a family provision application in Queensland, subject to the circumstances of the relationship.
The Court can allow an application out of time in some circumstances, but you will need a good reason for the delay and the position is much weaker once the estate has been distributed.
Where we act in will and estate disputes
We act for families and executors in will and estate disputes across Victoria, New South Wales and Queensland, from our offices in Melbourne, Sydney, Brisbane and the Gold Coast.
Melbourne
Ground Floor, 116 Hardware Street
Melbourne VIC 3000
1300 286 578
Sydney
Suite 18, Level 14, 3 Parramatta Square
153 Macquarie Street
Parramatta NSW 2150
1300 286 578
Brisbane
Suite 1b, 247 St Pauls Terrace
Fortitude Valley QLD 4006
1300 286 578
Gold Coast
Burleigh Commercial Centre
17/99 West Burleigh Road
Burleigh Heads QLD 4220
1300 286 578
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Twomey Dispute Lawyers acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea and community. We pay our respect to their Elders past, present and emerging. We extend that respect to all Aboriginal and Torres Strait Islander peoples today, and recognise their important contribution in creating a strong and vibrant Australian society.