Header Image

Estate Litigation & Will Disputes

Book Now
Book Now
Book your free consultation Book your free consultation

Contesting a Will

The Succession Act 1981 (Qld) provides that certain persons can bring an action against an estate where they have not been adequately provided for. This is commonly referred to as a Family Provision Application or “FPA”.

Background Texture

Who Can Challenge a Will?

An FPA can only be made by a spouse, child or dependant of the deceased. The Act defines ‘child’ to include a stepchild of the deceased. A person ceases to be a stepchild on the divorce of the deceased person and the stepchild’s parent.

Time Limits and Criteria for Applications

The legislation imposes time limits on when an applicant can make an FPA. Applications may be heard outside of the time limits in some circumstances. Applicants who file a FPA must show that adequate provision has not been made from the estate for their proper maintenance and support that they would otherwise have been entitled to generally.

Probate Action

Apart from a FPA, a probate action can be filed with respect to contesting a will and in turn the grant of probate. Such an action arises in circumstances including where the applicant can demonstrate that in all likelihood the deceased would have made provision for them in the will but for reasons that include among other things:

Testamentary capacity of the testator;
Testamentary intention of the testator; or
Fraud and undue influence by a third party over the testator.

Probate actions are more complex than FPAs insofar as what the court considers in determining such an action.

Background Texture

Cost Orders

Cost orders are within the discretion of the court but are often awarded against the estate, even where an applicant is unsuccessful. The court does have the discretion to refuse an order that costs be paid from an estate.

Other services you may be interested in

Do you have a question? We're here to help you find the answer.

Enquire Now

What Our Clients Say

"Anna, you’ve made this hard battle much easier for me because of the way you actually cared about what I was going through. Always very professional and patient. I'm really glad I’ve chosen you to fight the battle of my life and even gladder to say: WE WON! Thank you very much for everything."

- Gustavo Daresi

"Thank you Anna Stock. Amazing professionalism, attention to detail and compassion when working in the sensitive area of family law. I would highly recommend Ramsden Lawyers for any legal service."

- Mary Baker

"Excellent! Highly recommend. Received great service from Alice Drummond for family law. She was very helpful, informative and professional."

- Karen Murphy

"The professionalism from Cheryle Middleton was EXCELLENT. Made the whole property purchase paperwork a delight...not the stress filled minefield I was expecting. Clear, clever, succinct and a delight to deal with. Will definitely refer to all. Thanks Cheryle."

- Ellen Gregory

"After many years as a client with Ramsden Lawyers, our family find them very professional at what they do. All the staff are very friendly and are committed in their work."

- Adrian Zonneveld