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 ground is that the will, or the rules that apply when there is no will, did not make adequate provision for them.
In Queensland, contesting a will usually means one of two things. A spouse, a child (including a stepchild or adopted child) or certain dependants can ask the court for more from the estate. This is called a family provision application, and the ground is that the will did not make adequate provision for them. Other people cannot make that claim, but some may be able to challenge whether the will itself is valid.
General information about Queensland law. Not legal advice.
Three groups can apply under section 41(1) of the Succession Act 1981 (Qld): the deceased’s spouse, child or dependant. A spouse includes a husband or wife, a civil partner, a de facto partner of at least 2 years, and some former spouses or civil partners who were receiving, or entitled to receive, maintenance. A child includes a stepchild or adopted child, of any age. A dependant is limited to three kinds of people who were wholly or substantially supported by the deceased.
You count as a de facto partner only if you lived with the person as a couple on a genuine domestic basis for a continuous period of at least 2 years ending on the death (section 5AA(2)(b)). Gender does not matter, and sharing a home is not enough on its own (Acts Interpretation Act 1954 (Qld), section 32DA(4) and (5)).
If you had separated but not divorced, you were still a husband or wife at the death (section 5AA(2)(a)). A divorced former spouse or former civil partner counts only if they had not married again or entered a new civil partnership before the death, and were receiving, or entitled to receive, maintenance (financial support) from the deceased (section 5AA(2)(c)(ii) and (4)).
“Child” means any child, stepchild or adopted child of the person who died (section 40). There is no age limit, so adult children can apply. An adopted child is one the person adopted, alone or jointly with someone else (section 5). Being estranged does not stop a child applying, but the court still has a discretion (explained below).
A dependant must have been wholly or substantially maintained or supported by the deceased at the death, other than in return for full value (section 40). They must also be a parent of the deceased, the parent of the deceased’s surviving child under 18, or a person under 18. The court must also be satisfied that some provision for a dependant is proper (section 41(1A)).
This table shows who can contest a will in QLD by making a family provision claim.
| Relationship to the person who died | Can they apply for family provision in Queensland? | Where the Act says so |
|---|---|---|
| Husband or wife | Yes | s 5AA(2)(a), s 41(1) |
| Civil partner | Yes | s 5AA(2)(ba), s 41(1) |
| De facto partner (any gender) | Yes, if you lived together as a couple for at least 2 continuous years ending on the death | s 5AA(2)(b); Acts Interpretation Act 1954 s 32DA |
| Divorced former spouse or former civil partner | Only if you had not married again or entered a new civil partnership before the death, and were receiving, or entitled to receive, maintenance from the deceased | s 5AA(2)(c)(ii), s 5AA(4) |
| Child of any age, or adopted child | Yes | s 40 “child”, s 5 “adopted child” |
| Stepchild | Yes, unless the step relationship ended (see the next section) | s 40, s 40A |
| Parent of the deceased | Only if wholly or substantially supported by the deceased at the death | s 40 “dependant” (a), s 41(1A) |
| Parent of the deceased’s child who is under 18 | Only if wholly or substantially supported by the deceased at the death | s 40 “dependant” (b), s 41(1A) |
| Anyone under 18 (for example a grandchild, niece, nephew or younger sibling) | Only if wholly or substantially supported by the deceased at the death | s 40 “dependant” (c), s 41(1A) |
| Adult grandchild, adult brother or sister, niece or nephew, friend or carer | No, unless they also fit one of the groups above | s 40, s 41(1) |
Not sure which group you fit? Call Catton Roderick Lawyers on 1300 673 792, or read how we help with estate claims.
Yes. A stepchild counts as a child of the deceased for family provision in Queensland, so an adult stepchild can apply in the same way as a biological child. The step relationship ends if the deceased and your parent divorced, ended a civil partnership or ended a de facto relationship. It does not end just because your parent died first while still in that relationship, or because the step-parent re-partnered after your parent’s death (section 40A).
Under section 40A(1), a stepchild is the child of the deceased’s spouse. For example, if your mother died while still married to your stepfather and he later remarried, you are still his stepchild (section 40A(3)). If they had divorced, you would not be (section 40A(2)).
If you are a step-parent who wants to plan for this, you can talk to us when you make your will.
Usually not. A grandchild is not a “child” of a grandparent under the Act unless the grandparent adopted them, so an adult grandchild cannot make a family provision claim in Queensland. A grandchild under 18 can apply as a dependant if the grandparent was wholly or substantially supporting them at the time of death. Other states have different rules, so check that what you read is about Queensland.
The extra test for dependants in section 41(1A) also applies, and the application is made on the child’s behalf (section 41(1): “by or on behalf of”). The last question below covers who can do that.
An adult brother or sister cannot make a family provision claim in Queensland, because a sibling is not a spouse, child or listed dependant. A sibling under 18 can apply as a dependant if the deceased was wholly or substantially supporting them. Some siblings may instead be able to question whether the will is valid, which is a separate kind of challenge (explained below).
If you are a beneficiary and your concern is how the executor (the person the will names to deal with the estate) is running things, read what beneficiaries can do when an executor acts unfairly.
Family provision in Queensland is limited to a spouse, child or dependant. So these people generally cannot apply unless they also fit one of those groups: adult grandchildren, adult brothers and sisters, nieces and nephews, friends, carers, a former spouse who was not receiving or entitled to maintenance, and a de facto partner of less than 2 years. Some of them may still be able to question whether the will is valid.
Caring for someone does not, by itself, make you eligible: a carer can apply only if they are also the deceased’s spouse, child or dependant. Support received in return for full value does not count towards being a dependant, because section 40 covers only support given “otherwise than for full valuable consideration”.
A divorced husband or wife, or a former civil partner, counts as a spouse only if they meet the dependant former spouse test in section 5AA(4) (explained above). A de facto partner whose relationship ended before the death is not a spouse, because section 5AA(2)(b) looks at the relationship on the death. Any ex-partner may still apply as a dependant if they are the parent of the deceased’s child under 18 and the deceased was wholly or substantially supporting them (section 40).
There are two different routes. A family provision claim says the will, or the rules that apply when there is no will, did not make adequate provision for the proper maintenance and support of a spouse, child or dependant (section 41(1)). A validity challenge says the document should not be treated as the person’s will at all. The rules, evidence and people involved differ, so work out which route fits first.
If adequate provision was not made for your proper maintenance and support, the court can order “such provision as the court thinks fit” (section 41(1)). It can order a lump sum or periodic payments, and attach conditions (section 41(2)(a) and (b)). For the steps, see how to contest a will, step by step.
A will must be in writing and signed by the will-maker, or by someone else in their presence and at their direction. The will-maker must sign, or acknowledge the signature, in front of 2 or more witnesses present at the same time, and at least 2 witnesses must sign in the will-maker’s presence (section 10(2) to (4)). The court can still accept a document that was not signed this way if it is satisfied the person intended it to be their will (section 18(2)).
A validity challenge can also say the will-maker did not have the mental capacity to make a will, or was coerced into making it (undue influence). These grounds come from court decisions, not the Act. For a dispute about whether a will is valid, read how we help with estate claims.
No. Being a spouse, child or dependant only means you can apply. The court decides whether the will made adequate provision for your proper maintenance and support and, if not, what to order. It can refuse an order because of an applicant’s character or conduct, or because their circumstances make a refusal reasonable (section 41(2)(c)). For a dependant, it must also be satisfied that some provision is proper (section 41(1A)).
How successful are will contests? That depends on the facts of each estate and on the court’s discretion (section 41(1)). To see what happens after you apply, read how to contest a will, step by step.
In Queensland, a family provision application generally has to be filed within 9 months of the death (section 41(8)). The court can allow a late application but does not have to. Giving the executor written notice of your intended claim within 6 months of the death helps stop the estate being distributed before your claim is dealt with (section 44(3)). The notice must be in writing and signed by you or your solicitor (section 44(4)).
For the detail, read time limits to contest a will in Queensland.
Yes, if you are the deceased’s child, stepchild or adopted child. You would need to show the will did not make adequate provision for your proper maintenance and support, and the court decides what, if anything, to order (section 41(1)).
Yes. Section 41(1) applies whether the person died with or without a will. The intestacy rules decide who inherits when there is no valid will. If they do not make adequate provision for a spouse, child or dependant, that person can apply in the same way.
No. Probate and letters of administration are the court’s grants that let an executor or administrator deal with the estate. The court may, at its discretion, hear an application even if no grant has been made (section 41(8)). The 9-month period runs from the date of death, not from the grant.
Yes. An application can be made by or on behalf of a spouse, child or dependant (section 41(1)). For a person under a legal incapacity, the executor or administrator, 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 a person who cannot run it themselves) may apply for them (section 41(7)). How this works for a child under 18 depends on the child’s situation, so get advice.
If you think you may be able to claim, you can talk to Catton Roderick Lawyers about your situation. 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. You can also send us an enquiry.
Read how we help with estate claims, or find help near you:
This article is general information about Queensland law as at 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, 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....
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,...
Caboolture – Mon to Fri - 9am to 5pm - Closed Sat, Sun,
Redcliffe – Tues to Fri – 9am to 5pm - Closed Sat, Sun, Mon
Sunshine Coast - By Appointment Only
Content, including images, displayed on this website is protected by copyright laws. Downloading, republication, retransmission or reproduction of content on this website is strictly prohibited.
Copyright © , Website design and hosting by Smart Local