Strict time limits apply to contesting a will in Queensland. Missing the deadline can end your claim before it begins. Act early.
Two main time limits apply when contesting a will in Queensland, and they differ depending on the type of claim you are making. The limits are strict, and the court has limited discretion to extend them. If you believe you have grounds to challenge a will or make a claim against an estate, you should seek legal advice as soon as possible.
For a family provision claim (also called a testator's family maintenance claim), you must file your application within nine months of the date of the deceased's death. This is the most common type of estate claim and applies where a person has been left out of a will or has received less than they are entitled to given the relationship and circumstances.
For a claim challenging the validity of a will, such as a claim based on lack of testamentary capacity, undue influence, or fraud, you must file your application within six months of the grant of probate. The grant of probate is the court's formal recognition of the executor's authority to administer the estate. If you do not know when probate was granted, a lawyer can search the public register.
In both cases, the clock starts running regardless of whether you are aware of the will or the estate administration. It is possible to apply to the court for an extension of time, but this is not guaranteed and requires you to show good reason for the delay. Courts are not sympathetic to unexplained delay, particularly where the estate has already been distributed.
If you have any concerns about a will or believe you have been unfairly treated, contact a lawyer promptly. Even if you are uncertain whether you have a claim, getting advice early protects your position. Waiting is the single biggest mistake people make in estate disputes.