Family Provision Claims (Qld)
Information for Applicants
Have you been left out of a Will - or left without sufficient or proper provision?
Being named in a Will is not the end of the story.
Being left out (or with only a notional gift) is not the beginning of a guaranteed claim.
Under Queensland law, certain people (Eligible Persons) can ask the Court to change how an estate is distributed.
Before a Court will interfere to alter the distribution of the estate, it must decide whether a deceased person failed to make adequate provicsion for the proper maintenance and support of an Applicant.
This right is real, time-limited, and evidence-driven.
Being an eligible claimant does not guarantee a successful claim.
It certainly isn't an 'everybody takes home a prize' area of law.
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The Children of the Deceased
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The Children of the Deceased's Spouse or De Facto Spouse (Step-Children)
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The Spouse (including de facto spouse) of the Deceased.
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Others who lived with the Deceased in a financially interdependent way
Eligibilty is only the first hurdle. It is necessary for you to establish you are eligible, but it is not sufficient. The Court will always ask whether provision should have been made - and at whose expense.
Adequate provision does not mean equal provision, fairness in hindsight, or correcting perceived slights. The Court asks a narrower question: whether the Will (or intestacy provisions) made proper provision for your maintenance and support, having regard to your actual financial position and future needs. That assessment is practical, not moral. It weighs your income...
There are Deadlines. And they matter more than most people realise
In Queensland, family provision claims are governed by strict time limits.
If those limits are missed, the Court focuses first on why you are late - not whether you deserve provision.
Late claims are harder, slower, and more expensive to run.
The 6-Month Limit
You have 6 months from the date of death to notify the estate you intend to make a claim.
If the estate is notified, they cannot distribute until 9 months after the date of death. Earlier distribution leaves the Executor personally liable if a claim succeeds.
The 9-Month Limit
An Applicant has 9 months to commence proceedings in the Supreme or District Court.
Commencing Proceedings requires preparation and cannot be properly undertaken in a week.
However, if you miss this deadline, not only must you convince the court there were good reasons for your delay, you must also hope the estate has not already been distributed.