Estate disputes are increasing across Queensland. More families are challenging wills and seeking clarity about their rights under the Succession Act 1981 (Qld). If you have been left out of a will or you are an executor facing a claim, understanding Family Provision Claims (FPCs) is essential.
What Is a Family Provision Claim?
A Family Provision Claim is an application to the Supreme Court of Queensland for further provision from a deceased person’s estate. It ensures eligible family members receive adequate and proper maintenance and support, even if the will says otherwise.
These claims apply whether the deceased left a will or died intestate. Intestate, means the deceased did not have a will.
Who Can Make a Family Provision Claim in Queensland?
You may be eligible if you are:
- A spouse (including de facto partners)
- A child (biological, adopted, or stepchild)
- A dependant who was financially supported by the deceased
Eligibility depends on your financial need, relationship history, and contributions during the deceased’s life.
Why Are Family Provision Claims Increasing?
Several factors are likely driving the rise in estate disputes:
- Blended families – Complex family structures create competing expectations.
- Self-drafted Will – Poor drafting leads to ambiguity and disputes.
- Cost-of-living pressures – Financial stress prompts more claims.
- Greater awareness of rights – Online resources and high-profile cases encourage early legal advice.
Time Limits You Must Know
- Notify the executor: Within 6 months of death
- File your claim: Within 9 months of death
Missing these deadlines can make your claim much harder to pursue.
What Does the Court Consider?
The court looks at:
- Your financial position
- Size and nature of the estate
- Relationship history and contributions
- Competing claims from other beneficiaries
Risks of Self-drafted Wills
A Self-drafted will (or DIY will) is prepared without a lawyer. While it can be valid if it meets legal requirements, these wills often lead to disputes because they:
- Lack clarity in wording
- Miss important legal provisions
- Create ambiguity about intentions
This is one of the main reasons Family Provision Claims are on the rise.
How Our Firm Can Help
Most claims settle at mediation, saving time and costs. Early legal advice is critical for both claimants and executors.
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.