Estate Disputes on the Rise in Queensland
Estate disputes are increasing across Queensland, creating challenges for families and executors. Consequently, more people question wills and seek clarity under the Succession Act 1981 (Qld). Disputes often arise from family conflicts, financial stress, and misunderstandings about legal rights.
If you were excluded from a will or manage a contested estate, understanding Family Provision Claims (FPCs) is essential. These claims allow eligible family members to seek fair provision from an estate, offering support during difficult times.
What Is a Family Provision Claim?
In short, a Family Provision Claim is an application to the Supreme Court of Queensland for extra provision from an estate. It ensures eligible family members receive proper maintenance and support, even if the will does not provide enough. As a result, this remedy prevents unfair outcomes and protects dependants of the deceased. Claims apply whether the deceased left a valid will or died intestate (without a will). In both cases, the court can adjust estate distribution to achieve fairness.
Who Can Make a Family Provision Claim in Queensland?
Under the Succession Act 1981 (Qld), you may claim if you are:
- A spouse – Includes married, registered, or de facto partners living with the deceased at death.
- A child – Biological, adopted, or stepchildren. Adult children can claim if they show financial need.
- A dependant – Anyone financially dependent on the deceased, such as grandchildren or parents.
Importantly, the court considers your financial situation, relationship with the deceased, and contributions to their welfare or estate.
Why Are Family Provision Claims Increasing?
Several factors drive the rise in claims:
- Blended Families – Complex relationships create competing expectations and disputes over inheritance.
- DIY Wills – Self-drafted wills often lack clarity and cause legal challenges.
- Cost-of-Living Pressures – Financial stress makes inheritance more important.
- Greater Awareness – Online resources and media coverage encourage people to challenge unfair wills.
Time Limits You Must Know
Strict deadlines apply:
- Notify the executor within 6 months of death.
- File your claim within 9 months of death.
- Otherwise, missing these deadlines may prevent your claim unless the court grants special permission.
What Does the Court Consider?
The court reviews:
- Your financial position – Income, assets, liabilities, and future needs.
- Estate size – Larger estates allow more flexibility; smaller ones limit provision.
- Relationship and contributions – Care or financial support provided to the deceased.
- Other claims – Balancing fairness among beneficiaries.
Ultimately, the goal is a fair outcome for all eligible parties.
Risks of Self-Drafted Wills
A DIY will is created without a qualified lawyer. While it can meet legal requirements, it often causes disputes and litigation. Common problems include:
- Unclear wording – Legal language is precise. Ambiguities create confusion and conflicting interpretations of the deceased’s intentions.
- Missing legal provisions – DIY wills often omit execution clauses, guardianship instructions, or directions for complex assets like trusts and superannuation.
- Uncertain intentions – Without guidance, people overlook scenarios like blended families or estranged relationships, leading to competing claims and disputes.
- Consequently, these issues often trigger Family Provision Claims in Queensland. Hiring a lawyer ensures compliance, reduces ambiguity, and minimizes costly litigation.
How Innojustice Lawyers Can Help
Estate disputes and Family Provision Claims are complex and stressful. Innojustice Lawyers provide practical, cost-effective solutions tailored to your needs.
We focus on:
- Early Legal Advice – Acting quickly is critical. We explain your rights, assess your claim, and guide you before deadlines expire.
- Mediation and Negotiation – Most disputes may settle without court. Mediation often leads to faster, less stressful, and affordable outcomes.
- Cost-Saving Strategies – Litigation is expensive. We minimize costs through efficient case management, clear communication, and settlement options.
- In summary, our goal is to protect your interests and reduce emotional and financial stress. Whether you are a claimant or executor, we help achieve fair resolution.
For tailored advice, contact Innojustice Lawyers at [email protected].
Disclaimer
This article offers general information and does not constitute legal advice. External links (if any) are provided to support understanding.