Who can contest a will in Queensland, and on what grounds?
In Queensland, a spouse, a child (including a stepchild or adopted child) or certain dependants can ask the court for more from an estate through a family provision application. The...
An executor must carry out the will, keep accurate accounts, act honestly and in good faith for the beneficiaries and distribute the estate as soon as may be. If not, a Queensland beneficiary can ask in writing for the will, accounts and payment, and a court can order them to account, pay or, in some cases, step aside.
An executor controls a deceased estate, but cannot run it however they like. In Queensland, they must collect the estate, deal with it according to law, keep accurate accounts, act honestly and in good faith for the beneficiaries, and distribute it as soon as may be. If not, beneficiaries have options, from a written request to a court application.
General information about Queensland law. Not legal advice.
No. An executor must collect the estate and administer it according to law, which includes carrying out the will (Succession Act 1981 (Qld) s 52(1)(a)). They cannot change who inherits, take more than the will gives them, or treat the estate as their own. Day-to-day decisions, such as when to sell an asset, do not need every beneficiary’s agreement. A court can change how an estate is shared in some cases; an executor cannot.
As a trustee under the Trusts Act 2025 (Qld) (s 7(1)(c)), an executor must use the care of a prudent person of business (s 62, for most lay executors), act honestly and in good faith for the beneficiaries (s 63) and keep accurate accounts (s 64). See an executor’s duties in Queensland.
Not the executor. A court can change how the estate is shared in some cases, for example on a family provision claim by a spouse, child or dependant who was not left adequate provision (Succession Act s 41(1)). See how a will contest works, step by step and, for challenges to a will’s validity, who can contest a will in Queensland.
Most complaints fall into the six groups below, each with a first step, usually a written request. If that fails, the court can order the executor to account, to pay, to pay damages or, in some cases, to step aside.
UCPR: the Uniform Civil Procedure Rules 1999 (Qld).
| The executor | What the law says | First step | If that does not work | Where the law says so |
|---|---|---|---|---|
| Will not show you the will | Whoever holds it must let an entitled person inspect it, or give a certified copy if they pay the reasonable cost | Ask in writing for a certified copy | The court can order it produced | Succession Act s 33Z(1), (3) |
| Will not give you accounts | They are a trustee and must keep accurate accounts | Ask in writing, then serve the formal 30 day notice | Ask the court to order an account filed, assessed and passed | Trusts Act 2025 s 64; Succession Act s 52(1)(b); UCPR rr 645, 646 |
| Is taking too long | Distribute “as soon as may be”. Interest runs on a general legacy unpaid after a year, unless the will says otherwise | Ask in writing for a timeline, then for payment once your gift is due | A show cause order, or orders for neglect | Succession Act s 52(1)(d), (e), (2); UCPR r 643 |
| Is using estate money or property for themselves | They can be personally liable to make it good, and so can their estate if they die | Ask for the accounts and get advice quickly | Orders for damages, interest and costs | Trusts Act 2025 s 155(1); Succession Act ss 52(2), 52A |
| Is favouring themselves or one beneficiary | They must act honestly and in good faith for the beneficiaries, and carry out the will | Raise it in writing, with details | Court orders or, in some cases, removal | Trusts Act 2025 s 63; Succession Act ss 6(1), 52(2) |
| Has done nothing at all | If cited (formally called on to apply for probate) and they still do not apply, they lose their rights | Ask them in writing to apply, or to step aside (renounce) | Get advice about a citation | Succession Act s 46(c) |
Worried about how an estate is being run? Call Catton Roderick Lawyers on 1300 673 792, or read how we help with estate claims.
An executor must not treat the estate as their own: no using estate money for themselves, ignoring the will, favouring one beneficiary in a way the will does not allow, or hiding the accounts. Nor should they pay out too early: a distribution less than 6 months after the death, or less than 9 months once they have notice of a family provision claim, falls outside the protection in Succession Act s 44(3). That is what not to do as an executor.
No. They can pay estate expenses from the estate, or repay themselves for expenses reasonably incurred (Trusts Act s 149). One who takes estate money or property for their own use can be personally liable to make it good, and the Limitation of Actions Act 1974 (Qld) sets no time limit for a beneficiary’s action to get it back (s 27(1)(b)). On bank accounts, see an executor’s duties in Queensland and when probate is needed in Queensland.
Generally, yes. An executor has the powers of an absolute owner, including the power to sell, so not every beneficiary has to agree (Trusts Act s 82(1), (2)(a)). They must still use proper care, act honestly and in good faith (ss 60 to 63) and carry out the will. If the will leaves the house to someone, ask in writing why a sale is needed, and get advice.
Generally not, unless the will allows it, all the beneficiaries agree with full information, or the court approves. This rule comes from the general law on conflicts of interest, which the Trusts Act 2025 duties do not limit (s 58).
The duties do not change: they must act honestly and in good faith for all the beneficiaries, not just themselves (Trusts Act s 63).
No. Whoever holds the will must, if asked, let an “entitled person” inspect it, or give them a certified copy if they pay the reasonable cost (Succession Act s 33Z). Entitled people include anyone mentioned in the will, or as a beneficiary in an earlier will; the spouse, parents, children and other descendants; anyone who would inherit if there were no will; creditors and others with a claim against the estate; anyone who may make a family provision claim; and a parent or guardian of a person under 18 who is in the will or would inherit if there were no will (s 33Z(4)).
The same applies to a copy of a lost, stolen or destroyed will (s 33Z(2)). For example: “Please give me a certified copy of [full name]’s will under section 33Z of the Succession Act 1981 (Qld). I will pay your reasonable expenses.”
Yes, as a general rule. Under the Trusts Act 2025 (Qld), in force since 28 April 2026, an executor is a trustee and must keep accurate accounts and records (ss 7(1)(c), 64). The Supreme Court can order an executor to give it a full inventory and account (Succession Act s 52(1)(b)).
The Trusts Act 2025 also says a trustee must, on a beneficiary’s request, make the accounts available for inspection and give copies within a reasonable period, at the beneficiary’s reasonable cost, unless the request is unreasonable (s 65(1), (2)).
The court rules set three steps (UCPR rr 645, 646). To “serve” means to formally deliver.
The court can excuse these steps if urgent or for another good reason (r 646(8)).
No. The duty to keep accurate accounts covers the whole estate (Trusts Act s 64). The right to see accounts does not limit a beneficiary’s right to ask for other information, or to ask the court to order it (s 65(3)).
There is no fixed deadline: an executor must distribute the estate “as soon as may be” (Succession Act s 52(1)(d)). The “executor’s year” is a practice the Act keeps, not a deadline (s 52(1A)). Unless the will says otherwise, interest runs on a general legacy (usually a gift of money) unpaid after the first anniversary of the death (s 52(1)(e)). Still waiting? Ask in writing. The court can step in if the executor neglects or refuses. For timeframes, see how long probate takes in Queensland.
Once your gift is due, ask for it in writing. If the executor neglects or refuses a written request to pay a legacy or share of the residue (what is left after debts and gifts), or to transfer land, you can apply for an order that they show cause why they should not comply (UCPR r 643).
Yes, but only a court can, not the beneficiaries. The Supreme Court can grant and revoke probate and deal with all matters of estate administration (Succession Act s 6(1)), looking at the facts of each case. The Trusts Act 2025 power to remove trustees does not apply to executors (s 166(6)).
The named executor can be asked to renounce. If cited and they still do not apply, they lose their rights (s 46(c)). A person with an interest in the estate can also file a caveat, a formal objection in the court registry that can hold up a grant. It lasts 6 months and can be renewed (UCPR r 624(1), (4)).
Removal then means asking the court to revoke (cancel) the grant, or to make a limited grant. The court rules list some grounds: the executor is no longer capable of acting, cannot be found or wants to retire, or the grant was made by a mistake of fact or law (UCPR r 642(1)). Misconduct, or not getting on with the beneficiaries, is not on that list. Such concerns fall under the court’s wider power over estates (s 6(1)), where the test comes from court decisions.
It is a court application decided on its facts; no one can promise the result. The court also decides who pays the costs. On a neglect application, for example, it can order the executor to pay them (Succession Act s 52(2)). Get advice on likely costs first.
In some cases, yes. If an executor neglects their duties, anyone harmed can ask the Supreme Court for orders, including damages, interest on money the executor has held, and costs (Succession Act s 52(2)). An executor who takes estate property for their own use can be personally liable to make it good. If they die, that liability passes to their estate (s 52A). The court can excuse an executor who acted honestly and reasonably, if it is fair to do so (Trusts Act s 155).
In that Act, “trustee” includes an executor (s 5; Trusts Act s 7(1)(c)). A family provision claim generally has to be filed within 9 months of the death; the court can allow a late one but does not have to (Succession Act s 41(8); see time limits to contest a will in Queensland). Time limits apply, so get advice early.
Start in writing and keep copies of every letter, email and reply. Ask for a certified copy of the will (Succession Act s 33Z), a list of the estate’s assets and debts, the accounts and a timeline for paying beneficiaries. Give the executor a reasonable time to answer. If there is no answer, or it does not add up, get legal advice before going further. Court steps have their own rules and time limits, and the court decides who pays the costs.
Left out of the will, or left too little? That is a different problem: see who can contest a will in Queensland.
No. Co-executors must exercise their powers jointly (Succession Act s 49(4)). If they cannot agree, one option is for an executor to ask the court for directions about administering the estate (Trusts Act 2025 s 184).
An executor can repay themselves from the estate for expenses reasonably incurred (Trusts Act s 149). Pay for their time is different: the will may allow it, the court can authorise commission (Succession Act s 68), and a professional executor, such as a solicitor, may charge professional fees unless the will says otherwise (Trusts Act s 159). A person interested in the estate can ask the court to reduce excessive commission or charges (s 161), but not a licensed trustee company’s, or the Public Trustee’s fees under its own Act (s 161(4)).
Not simply by asking. If you intend to make a family provision claim, give the executor written notice signed by you or your solicitor (Succession Act s 44(4)). This does not freeze the estate. But section 44(3) then does not protect the executor for paying out earlier than 9 months after the death, or after they receive written notice that your application has been commenced in court, or are served with it (s 44(3)(b)). Before probate, a caveat can hold up the grant (UCPR rr 624, 625). Otherwise, get advice.
They can be asked to apply, or to renounce. A named executor who is duly cited or summoned and still fails to apply for probate loses their rights, and the estate is administered as if they had never been appointed (Succession Act s 46(c)). The steps are technical, so get advice.
To talk to Catton Roderick Lawyers about how an executor is handling an estate, call 1300 673 792 or email info@cattonroderick.com.au. Our offices are at Unit 3, 9 East Street, Caboolture, and First Floor, Cominos Arcade, 133 Redcliffe Parade, Redcliffe. We also see clients in Birtinya (Sunshine Coast) and Brisbane by appointment.
Estate claims help in Caboolture, Redcliffe, the Sunshine Coast (Birtinya, by appointment) and Brisbane (by appointment).
Executors facing a beneficiary’s concerns can read about an executor’s duties in Queensland, or call us on 1300 673 792. Probate and estate administration help in Caboolture, Redcliffe, the Sunshine Coast (Birtinya, by appointment) and Brisbane (by appointment).
You can also send us an enquiry or read how we help with estate claims.
This page is general information about Queensland law as at 27 September 2026. It is not legal advice about your situation. Time limits apply, so please get advice about your own circumstances.
Last reviewed: 27 September 2026
In Queensland, a spouse, a child (including a stepchild or adopted child) or certain dependants can ask the court for more from an estate through a family provision application. The...
In Queensland, you generally have 9 months from the death to file a family provision application in court (Succession Act 1981 (Qld) s 41(8)). The court can allow a late...
In Queensland, a spouse, child or certain dependants can ask the court for more from an estate by filing a family provision application, generally within 9 months of the death....
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