Losing a loved one is hard enough. But when the contents of their Will feel unfair or unexpected, that grief can quickly turn into confusion, resentment or distress.
Whether you’ve been left out of a Will, received less than you were promised, or suspect something is amiss, you may have the legal right to challenge it. At Butler McDermott Lawyers, we help individuals across Queensland navigate these difficult emotional and legal waters with clarity and compassion.
This article answers some of the most frequently asked questions about estate litigation in Queensland, helping you understand your rights and the steps you can take.
What Is Estate Litigation?
Estate litigation refers to disputes that arise after someone passes away, usually concerning their Will or the distribution of their estate. Common issues include:
- Being excluded from a Will
- Receiving an unfair share of the inheritance
- Disputes between beneficiaries
- Suspicions about the Will’s validity
- Executor misconduct or delays
These matters are often emotionally charged, particularly when promises have been broken or family tensions exist.
Who Can Contest a Will in Queensland?
You may be eligible to dispute a Will under Queensland’s Succession Act 1981 if you are:
- A spouse or de facto partner
- A child or stepchild
- A dependent of the deceased
These individuals can lodge a family provision application if they believe the deceased failed to make adequate provision for their proper maintenance and support.
Is It Wrong to Contest a Will?
It’s natural to feel uncertain, or even guilty about the idea of challenging a loved one’s Will.
You might worry that it seems selfish, confrontational, or disloyal. But the truth is, contesting a Will is often an act of principle, not greed. It’s about standing up for fairness when something doesn’t feel right.
Maybe you were promised something that didn’t come through, you feel overlooked or undervalued, or you’re left questioning whether the Will truly reflects your loved one’s intentions.
These reactions are deeply human. They’re rooted in care, in grief, in the need for answers – and they are entirely valid.
At Butler McDermott Lawyers, we understand that this isn’t just a legal process – it’s an emotional journey. Our job is to support you with empathy and clarity, so you can make a decision that aligns with your values, protects your future, and honours your relationship with the person who has passed.
Can I Challenge a Will That Seems Invalid?
Yes. Grounds for contesting a Will include:
- The deceased lacked testamentary capacity (e.g. due to dementia)
- They were coerced or manipulated into changing their Will
- The Will was forged or created fraudulently
- The document is poorly drafted or not legally binding
- The deceased did not leave adequate provision for a child, spouse or dependent
At Butler McDermott Lawyers, we investigate the circumstances and guide you through the legal process with sensitivity and clarity.
How Long Do I Have to Contest a Will in Queensland?
Strict deadlines apply. You must:
- Notify the executor of your intention to claim within 6 months of the date of death
- File and serve your application on the Personal Representatives of the estate within 9 months
It’s important to seek legal advice as early as possible to avoid missing your opportunity to make a claim.
Can I Challenge a Will If I’m Struggling Financially?
Yes. Financial hardship is a key consideration in family provision claims. If you’re eligible and:
- Struggling with the rising cost of living
- Renting or facing housing insecurity
- Reliant on the deceased for support
Then the court may consider this as a basis for granting a larger share of the estate.
Is It Possible to Contest a Poorly Drafted or Confusing Will?
Absolutely. Wills that are ambiguous, outdated or drafted without legal guidance can cause confusion and conflict among beneficiaries. The court may be required to interpret the Will or determine its legal validity.
These types of disputes are common, and our team regularly assists clients in seeking clarification and fair outcomes.
How Much Does It Cost to Challenge a Will?
Costs vary depending on complexity, but in many cases, legal fees can be paid from the estate, not your personal funds.
At Butler McDermott Lawyers, we offer:
- No win no fee arrangements
- Transparent costs and honest advice
- Realistic assessments of your chances
- A resolution-focused approach tailored to your needs
Why Choose Butler McDermott Lawyers for Estate Litigation?
- Local expertise: Serving Noosa, the Sunshine Coast and regional Queensland
- Experienced estate litigators: Over 100 years of legal success in Queensland
- Supportive service: We understand the emotional challenges of Will disputes
- Results-driven advice: Focused on achieving fair outcomes efficiently
Next Steps: Talk to a Trusted Estate Litigation Lawyer
If you’ve been excluded from a Will, treated unfairly or believe something isn’t right, don’t face it alone. Our team is here to listen, support and help you take the next step.
Call Butler McDermott Lawyers on 07 5241 4093. Visit our Estate Litigation Services page or contact us online.
