Time limits to contest a will in Queensland: the 9 month deadline and the 6 month notice point

In Queensland, you generally have 9 months from the date of death to file a family provision application (Succession Act 1981 (Qld) s 41(8)). The court can allow a late application, but it does not have to. The 6 month point is not your deadline. This guide is for people left out of a will, and for executors.

Last updated 27 September 2026. General information only, not legal advice.

How long do you have to contest a will in Queensland?

The usual way to contest a will in Queensland is a family provision application under the Succession Act 1981 (Qld). You generally have to start that court application within 9 months of the date of death (s 41(8)). The court can allow a late application, but it does not have to. Separately, giving the executor signed, written notice of your intended claim, ideally before 6 months after the death, helps stop the estate being paid out before your claim is dealt with (s 44).

What “contesting a will” usually means

People use the phrase for two different things:

• A family provision claim. You accept the will is valid, but say it did not make adequate provision for your proper maintenance and support (s 41(1)). This article is about these claims.
• A challenge to the will’s validity. You say the document should not be accepted as the will at all, for example because of doubts about the will-maker’s mental capacity, undue influence (pressure that overrode their own wishes), or how the will was signed and witnessed. Different rules apply.

Only a spouse (including a de facto partner of at least 2 years), a child (including a stepchild or adopted child) or some dependants can make a family provision claim (s 5AA, s 40, s 41(1)). See who can make a family provision claim in Queensland.

If a family member has died and you think you may have a claim, see how estate claims work.

The 9 month deadline: when the clock starts and what you must do by then

The 9 months runs from the date of death. It does not start when probate is granted, and it does not wait until you see the will. To meet it, your application must be filed in court. A letter to the executor is not enough. When counting, the day of death is not included, and a month means a calendar month (Acts Interpretation Act 1954 (Qld) s 38(1) and schedule 1). If the last day falls on a day the court registry is closed, it moves to the next day it is open (s 38(2) and (5)). Work out your date early, and do not plan to file on the last day.

A worked example

A hypothetical example of the counting:

• Date of death: Tuesday 10 March 2026.
• 6 month period ends: Thursday 10 September 2026. After this, an executor who has not received written notice of a claim is protected from being sued for properly paying out the estate (s 44(3)(a)).
• Last day to file: Thursday 10 December 2026. That is 9 months, not counting the day of death (s 41(8); Acts Interpretation Act s 38(1)).
• What to do: give the executor signed, written notice well before 10 September 2026, get advice early, and aim to file well before 10 December 2026.

Claims for a child or someone who cannot act for themselves

For “a person under a legal incapacity”, the executor, the Public Trustee, the chief executive of the department that administers the Child Protection Act 1999, or a litigation guardian (someone who runs a court case for them) can apply on their behalf. Or they can ask the court for advice or directions about whether to apply. The court may then treat that request as the person’s application “for the purpose of avoiding the effect of limitation” (s 41(7)). In plain terms, it can protect their position on the time limit.

How long a claim takes once it has started is covered in how to contest a will in Queensland, step by step.

The 6 month notice point: what it means and what the notice must say

Six months is not a deadline for making a claim. It is the point from which an executor who has not received written notice of a claim is protected from being sued for properly paying out the estate (s 44(3)(a)). If the executor has received your written notice, that protection starts at 9 months instead, unless they have received written notice that your application has been filed in court, or have been served with a copy of it (s 44(3)(b)).

In this article, “executor” also covers an administrator. The Act calls both a “personal representative” (s 5).

What the notice must look like

The notice must be in writing and signed by you or your solicitor (s 44(4)). Keep a copy and proof of delivery. If you do not know who the executor is, or nobody has applied for probate yet, get advice about who should receive it.

Is notice required before you can claim?

No. The time limit for the claim itself is the 9 month filing limit in s 41(8). Section 44(5) says the notice rule in s 44(4) does not “prevent the subsequent making of an application within any other period allowed by or pursuant to this part”. Without notice, though, the estate may be paid out before you apply.

What if the estate has already been paid out?

Some payments are protected even if the executor had notice of a claim. No family provision application or order can disturb a payment properly made to provide for “the maintenance or support of the spouse or any child of the deceased person totally or partially dependent on the deceased person immediately before the death of the deceased person” (s 44(1)). An executor who properly pays out after the s 44(3) points is also protected from being sued. If the estate has been paid out, or soon will be, get advice straight away.

Queensland will and estate time limits at a glance

Several Queensland will and estate rules use 6 or 9 months. Only two are deadlines for going to court: 9 months for family provision claims and 6 months for asking the court to correct (rectify) a will. The others protect executors, or set how long a caveat lasts.

What	Time	Where it comes from	Can it be extended?
Family provision application (a claim for more from the estate)	Generally, start court proceedings within 9 months after the death	Succession Act 1981 (Qld) s 41(8)	Yes, if the court directs. It does not have to
Written notice of your intended claim to the executor	No set deadline. It matters most before 6 months after the death	s 44(3), s 44(4)	Not applicable
Executor pays out, no written notice received	Protected from being sued if the payout is properly made not earlier than 6 months after the death	s 44(3)(a)	Not applicable
Executor pays out, written notice received	Protected if the payout is properly made not earlier than 9 months after the death, unless the executor has received written notice that the application was filed in court, or has been served with it	s 44(3)(b)	Not applicable
Asking the court to rectify a will (a clerical error, or the will does not follow the will-maker’s instructions)	Generally, apply within 6 months after the death	s 33(1), s 33(2)	Yes, if the court considers it appropriate and the final distribution of the estate has not been made (s 33(3))
Caveat against a grant, filed by a person claiming an interest in the estate (for example, when the will’s validity is in doubt)	Takes effect on filing and lasts 6 months	Uniform Civil Procedure Rules 1999 (Qld) r 624(1), r 624(4)	Can be renewed for further 6 month periods

Can you contest a will after probate has been granted?

Yes. A grant of probate does not stop a family provision claim, and it does not restart the clock. The 9 months still runs from the date of death. You also do not have to wait for probate. The Act lets the court hear an application even if no grant has been made (s 41(8)). After a grant, though, the executor may be close to paying out the estate, so written notice and early advice matter.

The same applies to letters of administration, which the Act also calls a “grant” (s 5). Challenging whether the will itself is valid is a different process. See how to contest a will in Queensland, step by step, when probate is required in Queensland and how long probate takes in Queensland.

Missed the 9 month deadline? Late claims after 12 months or longer

You may still be able to claim, but only with the court’s permission. Section 41(8) applies the 9 month limit “unless the court otherwise directs”, so a judge can allow a late application. It is a discretion, not a right, and the court does not have to allow it. If you are already past 9 months, or close to it, get advice straight away about whether to ask the court for more time.

The Act does not list the matters the court considers when deciding this, so nobody can promise the result.

Can I contest a will after 5 or 10 years?

The same rule applies however long ago the death was: a late application needs the court’s direction under s 41(8). If the estate has been paid out, the s 44 protections for executors may also be relevant. Get advice on your own facts.

Can an executor contest a will?

Sometimes, if the executor is also an eligible spouse, child or dependant. The Act lets an eligible person apply (s 41(1)), and nothing in the family provision part of the Act excludes someone because they are the executor. But an executor has to act for the estate and all the beneficiaries, and that conflicts with making a claim against it. The same 9 month limit applies. If that is your position, get advice before you take any step in the estate or towards a claim.

For executors: when is it safe to pay out the estate?

An executor who properly pays out the estate is protected from being sued from 6 months after the death if no written notice of a claim has arrived, or from 9 months if it has. The 9 month protection does not apply once the executor has written notice that an application has been filed in court, or has been served with it (s 44(3)). Some payments for the maintenance or support of the deceased’s spouse or dependent children are protected even if notice has arrived (s 44(1), quoted above).

A possible claimant who is an adult with full legal capacity can tell the executor in writing that they consent to the payout, or that they do not intend to make a claim that would affect it. That person cannot then sue the executor over a payout properly made after that notice (s 44(2)).

See also an executor’s duties and first steps and what beneficiaries can do when an executor acts unfairly.

If the deadline is close: practical first steps

Start now, and leave enough time to prepare and file the court application before the 9 months ends.

1. Work out your dates. Count 6 and 9 months from the date of death, not counting the day of death.
2. Find the executor. Check whether anyone has applied for probate or letters of administration.
3. Give written notice. Send the executor notice of your intended claim, signed by you or your solicitor (s 44(4)).
4. Check that you are eligible. See who can make a family provision claim in Queensland.
5. Get advice and file in time. Ask how strong your claim is, what evidence you need and what it costs to contest a will.

Frequently asked questions

Do I have to give notice within 6 months to be able to make a claim?

No. The time limit for the claim is generally 9 months from the death (s 41(8)). Notice within 6 months helps stop the estate being paid out before your claim is dealt with. Once the executor has your signed, written notice, their protection for properly paying out does not start until 9 months after the death (s 44(3)).

Does the same time limit apply if there was no will?

Yes. A family provision claim can be made whether the person died with or without a will (s 41(1)). The 9 month limit in s 41(8) applies to every application under that part of the Act. The notice rules apply to an administrator too.

What if I did not know about the death or the will until later?

The Act counts the 9 months from the date of death. Section 41(8) does not say the time waits until you find out. If you learned about the death or the will late, get advice straight away about asking the court to allow a late application.

Can a lawyer send the notice to the executor for me?

Yes. The notice must be in writing and signed by you or your solicitor (s 44(4)). Send it well before 6 months after the death if you can.

Why might an executor wait 9 months before paying out an estate?

Because of s 44(3). An executor who has received written notice of a possible claim is not protected for properly paying out the estate until 9 months after the death. Both s 44(3) points run from the death, not from the grant of probate. For how long estate administration takes, see how long probate takes in Queensland.

How we can help

Talk to Catton Roderick Lawyers about an estate claim. Call 1300 673 792 or email info@cattonroderick.com.au. Our offices are in Caboolture (Unit 3, 9 East Street) and Redcliffe (First Floor, Cominos Arcade, 133 Redcliffe Parade). We also see clients by appointment in Birtinya on the Sunshine Coast and in Brisbane. Time limits apply to estate claims, so please get advice about your own situation early.

You can also send an enquiry through our contact page.

• Estate claims and family provision applications
• Estate claims lawyer in Caboolture
• Estate claims lawyer in Redcliffe

Sources

1. Succession Act 1981 (Qld): s 5 (definitions of “grant” and “personal representative”), s 5AA (who is a spouse), s 33 (rectifying a will), s 40 (definitions of “child” and “dependant”), s 41(1), (7) and (8) (family provision, applications for a person under a legal incapacity, and the 9 month time limit) and s 44(1) to (5) (protection of personal representatives, and notice). Current version, in force from 28 April 2026. https://www.legislation.qld.gov.au/view/whole/html/inforce/current/act-1981-069 (checked 25 September 2026)
2. Acts Interpretation Act 1954 (Qld): s 38(1), (2) and (5) (reckoning of time) and schedule 1 (definitions of “month” and “calendar month”). Current version, in force from 1 February 2024. https://www.legislation.qld.gov.au/view/whole/html/inforce/current/act-1954-003 (checked 25 September 2026)
3. Uniform Civil Procedure Rules 1999 (Qld): r 624(1) and (4) (caveats). Current version, in force from 13 September 2024. https://www.legislation.qld.gov.au/view/whole/html/inforce/current/sl-1999-0111 (checked 25 September 2026)

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