Estate Litigation & Contested Wills
Wills & Probate
Key Takeaway
When a will is disputed, whether on grounds of capacity, undue influence, or inadequate provision for eligible persons, estate litigation may be necessary.
When a will is disputed, whether on grounds of capacity, undue influence, or inadequate provision for eligible persons, estate litigation may be necessary. We represent executors defending wills and family members or dependants seeking provision from an estate. Our team handles all aspects of estate litigation in Queensland courts and tribunals.
Estate disputes are emotionally charged and legally complex. Whether you are challenging a will, making a family provision claim, or defending an estate against such claims, you need experienced legal representation that understands both the legal framework and the sensitive nature of family estate proceedings.
Family Provision Claims
Under Part 4 of the Succession Act 1981 (Qld), eligible persons may apply to the Supreme Court for provision from an estate if the will (or intestacy rules) does not make adequate provision for their proper maintenance and support. Eligible persons include spouses, children (including adult children), former spouses, and dependants. The Court considers factors including the size and nature of the estate, the financial circumstances and needs of the applicant, the competing claims of other beneficiaries, and the relationship between the deceased and the applicant. These claims must be filed within nine months of the date of death.
Challenging Testamentary Capacity
A will may be challenged on the basis that the testator lacked testamentary capacity at the time the will was executed — that they did not understand the nature of making a will, the extent of their property, or the claims of those who might be expected to benefit. Medical evidence, including records from treating doctors and retrospective assessments, is often critical in these cases. The Banks v Goodfellow test applies, and the burden of proof falls on the person challenging the will. These cases are fact-intensive and require careful gathering of medical records, witness statements, and contemporaneous documentation.
Mediation & Resolution of Estate Disputes
While some estate disputes require court determination, many can be resolved through mediation, saving significant costs and emotional strain. The Supreme Court of Queensland encourages mediation in estate matters, and skilled mediators can help parties reach pragmatic outcomes that avoid the uncertainty of a trial. Settlement options include consent orders for additional provision from the estate, structured payments, or creation of trusts for vulnerable claimants. We approach estate disputes with a view to achieving practical, cost-effective resolutions while protecting our clients' positions.
Estate Litigation & Contested Wills FAQs (Queensland Law)
What are family provision claims under s 41 Succession Act?
Under this section of the Act, our team helps clients understand their rights. under section 41 of the Succession Act 1981 (Qld), eligible persons may apply to the Supreme Court for provision from an estate if the will or intestacy rules do not make adequate provision for their proper maintenance and support. Eligible persons include spouses, children, former spouses, and dependants.
What is the 9-month time limit for estate claims in Queensland?
At our firm, family provision claims must be filed within 9 months of the date of death. The court may grant an extension in exceptional circumstances, but delay can prejudice the claim. The 9-month limit is strictly applied.
How do I challenge testamentary capacity?
At our firm, a will may be challenged on grounds that the testator lacked capacity under the Banks v Goodfellow test. Medical evidence, including records from treating doctors and retrospective assessments, is critical. The burden of proof falls on the person challenging the will.
What are the formal requirements for a valid will?
Under this section of the Act, our team helps clients understand their rights. under section 10 of the Succession Act 1981 (Qld), a will must be in writing, signed by the testator in the presence of two witnesses present at the same time, and signed by those witnesses in the testators presence. Failure to comply makes the will invalid.
What is an informal will application?
Under this section of the Act, our team helps clients understand their rights. under section 18 of the Succession Act 1981 (Qld), the Supreme Court may admit an informal document as a will if it is satisfied the document embodies the testamentary intentions of the deceased. Informal wills include handwritten notes, emails, and video recordings.
Estate Litigation & Contested Wills Services
- Family provision claims under the Succession Act 1981
- Will validity challenges (capacity, undue influence, lack of knowledge and approval)
- Testamentary capacity disputes and medical evidence review
- Informal will applications and rectification of wills
- Executor misconduct and removal applications
- Construction of wills and interpretation disputes
- Claims against estates by dependants and former spouses
- Defending estates against contested claims
- Mediation and alternative dispute resolution for estate disputes
- Estate litigation including Supreme Court proceedings
- Costs agreements and litigation funding for estate matters
- Protection of executors pending resolution of disputes
Last updated: July 2026
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