The death of a loved one can bring not only grief, but also financial uncertainty—particularly where a Will fails to make adequate provision for certain family members or dependants. In Queensland, the law recognises that in some circumstances, a deceased person’s freedom to distribute their estate should yield to the proper maintenance and support of eligible persons.

Family provision applications are a common form of estate litigation, and Rose Litigation Lawyers regularly acts for both applicants and estate representatives in these matters across Queensland.

What Is a Family Provision Application?

A family provision application is a claim made to the Supreme Court of Queensland seeking further provision from a deceased estate where the applicant alleges that the Will (or intestacy) does not make adequate provision for their proper maintenance and support.

These applications are governed by Part 4 of the Succession Act 1981 (Qld).

Importantly, a family provision claim is not a challenge to the validity of the Will. Rather, it asks the Court to alter the distribution of the estate to ensure fairness in light of the applicant’s circumstances.

 Who Can Make a Family Provision Claim in Queensland?

Only certain categories of people are eligible to bring a family provision application in Queensland. These include:

• A spouse (including a de facto spouse)
• A child of the deceased (including adult children)
• A dependant of the deceased

Each category is assessed differently, and eligibility alone does not guarantee success. The applicant must also demonstrate that adequate provision has not been made for them.

Time Limits: Acting Promptly Is Critical

Strict time limits apply to family provision applications in Queensland:

• Notice of intention must be given to the estate within 6 months of the date of death
• Court proceedings must be commenced within 9 months of the date of death

Failure to comply with these time limits can be fatal to a claim, unless the Court grants an extension, which is not automatic.

Early legal advice is essential to protect your position.

The Court’s Two-Stage Assessment

When determining a family provision application, the Supreme Court of Queensland undertakes a two-stage inquiry:

1.  Has Adequate Provision Been Made?

The Court first considers whether the deceased made adequate provision for the applicant’s proper maintenance and support, having regard to all the circumstances.

2. If Not, What Provision Should Be Made?

If inadequate provision is established, the Court then determines what further provision (if any) should be ordered from the estate.

This is a discretionary assessment and depends heavily on the facts of each case.

Factors the Court Considers

The Court may consider a wide range of factors, including:

• The applicant’s financial position and future needs
• The size and nature of the estate
• The relationship between the applicant and the deceased
• Any competing claims by other beneficiaries
• The contributions made by the applicant to the deceased or the estate
• The deceased’s testamentary intentions

No single factor is determinative, and outcomes can vary significantly between cases.

Acting for Applicants and Estates

Rose Litigation Lawyers acts for:

• Applicants seeking fair provision from an estate
• Executors and beneficiaries defending claims and protecting estate assets

We understand the strategic considerations on both sides, including how to manage competing claims, preserve estate value, and achieve proportionate outcomes.

Why Early Strategic Advice Matters

Family provision claims can significantly affect estate administration and distributions. Early legal advice can:

• Clarify eligibility and prospects of success
• Ensure compliance with strict statutory timeframes
• Reduce legal costs through early resolution
• Protect executors from personal risk and delay

Whether you are considering making a claim or responding to one, timing and strategy are critical.

If you are considering a family provision application, or have received notice of a claim, Rose Litigation Lawyers can assist.

The content of this publication is intended to provide a summary and commentary only. It is not intended to be comprehensive, nor does it constitute legal advice and has been prepared based on applicable legislation and case authority at the date of publication. You should seek legal advice on specific circumstances before taking any action.