Estate Disputes – Family Provision Applications in Queensland

Being left out of a loved one’s will can be distressing – especially if you believe you were unfairly excluded or not adequately provided for. In Queensland, the law recognises that certain people may still have a right to claim. This process is called a Family Provision Application (FPA), and it comes with strict rules and deadlines.

At Argon Law, we help families navigate these difficult and often emotional situations with clarity and care.

Who Can Make a Claim?

Under Queensland’s Succession Act 1981, only certain people are eligible to apply. These include:

Spouses (married, de facto, or registered)
Children (including stepchildren)
Dependants (anyone who was wholly or substantially supported by the deceased at the time of death)

Importantly, not everyone who feels left out will qualify. Even if you are eligible, you must show that you were left without adequate provision for your proper maintenance and support.

The Two-Stage Test

The High Court in Singer v Berghouse established a clear two-stage test for Family Provision Applications:

Adequacy Test – Did the will (or intestacy) leave you without adequate provision for your proper maintenance and support?
Discretionary Stage – If so, the court may then decide what provision, if any, should be made, taking into account all relevant circumstances.

This means that even if you pass the first stage, the court has discretion in how much, if anything, you receive.

Critical Time Limits

Time is of the essence in estate disputes. The law sets down strict deadlines:

Notify the executor – Within 6 months of the date of death.
File your application – Within 9 months of the date of death.

If you miss these timeframes, you may lose your right to claim entirely. Extensions are rare and only granted in exceptional circumstances.

Why Legal Guidance Matters

Estate disputes are highly complex and emotionally charged. Each family’s circumstances are unique, and the court considers a wide range of factors – including financial needs, the size of the estate, and competing claims.

If you think you may have a claim, it’s important to seek advice quickly. At Argon Law, we work closely with clients to assess eligibility, explain the process, and guide them through negotiations or court proceedings.

Next Steps

If you’re wondering whether you are entitled to bring a Family Provision Application, don’t leave it to chance – or to the last minute. Contact our team today to discuss your situation confidentially. Together, we’ll determine whether you have a claim and the best way forward.