When a loved one passes and their will doesn’t reflect your expectations, confusion and emotion can cloud your ability to make informed decisions.
For more than 30 years, Preston Law has supported clients in Cairns, Townsville, and across regional North Queensland through complicated estate matters, always with a dedication to clarity, compassion, and results.
If you’re asking whether you can legally contest a will or wondering about your rights, our team is here to guide you.
Key Points to Know About Contesting a Will
Disputes over wills can be deeply personal and often arise at challenging times. In Queensland, the law recognises that a will may not always provide “adequate provision” for someone who expected support or was dependent on the deceased.
If you believe you have not been properly provided for, you may have the right to contest the will. But before you go down this road, there are some points to consider:
- Not everyone can contest a Will in Queensland
- The law specifies who may bring a claim and under what circumstances
- Strict timeframes apply to contested estate claims-acting promptly is essential
Who Can Contest a Will? Eligibility and Core Relationships
Not sure if you have legal standing? Queensland’s Succession Act 1981 sets out who may apply for further provision from an estate. Eligible persons include:
- The spouse of the deceased (including de facto partners and registered partners)
- Children (biological, legally adopted, and in some instances, stepchildren)
- Dependants directly supported by the deceased at their death, which can include grandchildren, nieces, nephews, or former spouses in limited situations
If you’re unsure about your eligibility, it’s recommended to reach out to a qualified will dispute lawyer who can give clear advice on where you stand and what options are open to you.
Contesting Vs Challenging a Will: Know the Distinction
Contesting a will means arguing that you should have received more from the estate. This is mostly about being left out or under-provided for due to your relationship or dependency.
Challenging a will, on the other hand, focuses on legal validity: Is the will authentic, was it made freely and knowingly, and does it comply with Queensland law? It’s possible to do one or both, depending on your unique situation.
You might challenge a will’s validity if:
- The deceased lacked testamentary capacity when their will was made (e.g., issues with dementia or mental incapacity)
- The will was made under undue influence or duress
- There is fraud or forgery
- The will does not meet formal legal requirements
These disputes typically focus on protecting estate integrity and fairness for all beneficiaries. A skilled will dispute solicitor can help you understand which avenue is appropriate, ensuring you don’t spend time or money pursuing the wrong claim.
Circumstances or Relationships that Allow for a Family Provision Claim
A family provision claim allows certain people to request a larger share of an estate if they were left out of a will or not adequately provided for. These claims exist to ensure that people who were financially or personally dependent on the deceased are not unfairly disadvantaged.
You may be eligible if:
- You were a spouse, child, or dependent (including some stepchildren, grandchildren, or other relatives living with and dependent upon the deceased)
- Your relationship involved ongoing care or support
- You can show direct financial reliance or other forms of dependency
Types of Will Disputes: Beyond “Who Gets What”
Many people assume will disputes are only about who inherits what. But disagreements can arise for many other reasons. Even when the deceased’s wishes seem clear, conflicts can occur around how the estate is managed, who is responsible, or whether all assets are accounted for.
You may also be able to contest a will for reasons including:
- Executor disputes: Concerns over whether the right person is managing the estate
- Administration issues: Delays, lack of transparency, or perceived unfairness in how an estate is being managed
- Asset location: Problems finding or accessing estate assets
Supporting You Through Will Disputes, Every Step of the Way
Each North Queensland region has unique social, legal, and family dynamics. Understanding these subtleties ensures your case is handled with respect and success.
With offices in Cairns and Townsville, Preston Law’s dedicated lawyers can offer local, personalised and compassionate advice on will disputes.
If you’re unsure about your rights or worried about being left out of a will, our lawyers in Cairns and Townsville are ready to help.
For confidential advice about your situation, reach out today-your first call starts the journey to peace of mind.
Disclaimer: This blog is intended for informational purposes only and does not constitute legal advice. For guidance tailored to your specific circumstances, please consult a qualified legal representative.