Queensland Family Law Practice

Contesting a Will – Family Provision Applications

We can help you with contesting a will

Expert Guidance in Will Contest Matters

Make sure you get the best outcome possible, for you and your families’ future.

  • Ensures that rightful beneficiaries receive their fair share
  • Provides swift results seeking to contest Wills and secure their inheritance

  • Guarantees fair inheritance distribution
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Clients’ Reviews
Lee-Anne Pringle
Lee-Anne Pringle
26/07/2023
Amazing Service & Information - I am a Disability Advocate and I was ringing for a distressed client who had had a family member pass away. The lady on the phone was pleasant, professional and tended to my inquiry straight away. Would not hesitate to use this service again.
richard hocking
richard hocking
07/06/2023
Understanding and supportive.
Matt Hutton
Matt Hutton
15/05/2023
Thanks to Tracy, Rachael and the team for working with me to give me a better than expected outcome financially and essentially Tracy for keeping me on track during a tough mediation. Still some work to do but you guys have been so professional and helpful throughout this messy process.
Michelle Steer
Michelle Steer
10/05/2023
The half hour webinar was extremely useful and easy to understand. In a difficult time, you don't want "legal speak" and this was definitely not that, highly recommend for anybody who has just seperated
Nahid Tonmoy
Nahid Tonmoy
08/05/2023
The customer service to legal advice, everything was fantastic. The whole team really looks after their clients.
Anthony Macdonnell
Anthony Macdonnell
06/12/2022
The wills of my wife and I were updated earlier this year and the team at Forge Legal handled this in a very professional and efficient way. We would have no hesitation in recommending them
SANDRA FITZGERALD
SANDRA FITZGERALD
02/12/2022
Very happy with the service received recently when purchasing our new home,everything went very smoothly and we were kept up to date with information, highly recommend .
sandra fitzgerald
sandra fitzgerald
22/11/2022
Very happy with the service we received from Queensland Family Law Practice, when we recently purchased our new home, they kept us informed and kept everything running smoothly, highly recommend.

Contesting a will is normally done by filing a Family Provision Application.  But, this is different from contesting that the will was not validly made.

A Family Provision Application is an application by a relevant person seeking a further portion of the deceased person’s estate then they were allocated under the will.  The claim is based upon the premise that the deceased person did not make “adequate provision” for the applicant’s “proper maintenance and support”. Considerations also apply from state to state as each state has different laws and requirements in relation to contesting a will.

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Who Can Contest A Will?

Any of the following people can contest a will:

  • A Spouse (husband/wife, de facto partner, divorced partner who has not remarried and was receiving a benefit from the deceased at his/her death)
  • Children (biological, adopted or step-child)
  • Dependent ( a person who was being wholly or substantially supported by the deceased at the deceased’s death, being:

Time Limit

In order to contest a Will a person must provide notice to the executor of their intention to contest a will within 6 months from the date of the deceased’s death.

The application must be filed within 9 months from the date of death.

Basis for Contesting a Will

In order to be successful at contesting a Will a person will need to show the following:

1. The deceased person has failed to make adequate provision for the proper support or maintenance of the Applicant.

This means that a person will need to show the court that they have a greater need for more assets than was provided for in the Will at the time of death.

2. If the court finds that adequate provision should have been made then the court will determine what if any provision should be made for the applicant.

In other words, the court will look at the applicant’s personal financial circumstances and consider whether they are in need of support.

In determining the above the court take into account the following factors:

  • The size of the estate
  • The Applicant’s financial position, age and health
  • Relationship between the Applicant and the deceased
  • Any support given by the deceased
  • Any discussions regarding intention within the will
  • Any disproving conduct on the part of the Applicant

Whether you are seeking advice on contesting a will or you are defending an application, Queensland Law Practice can assist with walking you through the process and court procedure

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