Challenging a Will in Queensland: A Comprehensive Guide

Dec 10, 2023

Grounds for Challenging a Will in Queensland

This article serves as a comprehensive guide to contesting wills in Queensland, with valuable links to Mint Legal Brisbane, a leading firm specialising in estate litigation. There are several legal grounds for challenging a will in Queensland. These include:

  • Lack of testamentary capacity: This means the deceased lacked the mental capacity to understand their will's nature or its consequences.
  • Undue influence: This means the deceased was pressured or coerced into making a will that did not reflect their true wishes.
  • Fraud: This means the will was created through deception or forgery.
  • Formal defects: This means the will was not properly executed, such as lacking the required witness signatures.
  • Failure to make adequate provision: This specific ground in Queensland law allows eligible persons to challenge a will if they believe they have not been adequately provided for.

Who Can Challenge a Will in Queensland?

Only specific individuals have the right to challenge a will in Queensland. These include:

  • Only Beneficiaries omitted from the will or who received an inadequate provision.
  • Dependents of the deceased.
  • Next of kin.

Challenging a Will: Steps to Take

If you believe you have grounds to challenge a will, consider the following steps:

  • Seek legal advice: Consult with a lawyer specializing in estate litigation. Mint Legal Brisbane boasts a team of experienced professionals who can advise you on your options and the best course of action.
  • File a caveat: This legal document prevents the executor from distributing the estate until your claim is heard. Mint Legal Brisbane can assist with drafting and filing the caveat, ensuring your rights are protected.
  • Commence court proceedings: You will need to file a claim in the Supreme Court of Queensland and provide evidence supporting your claim. Mint Legal Brisbane can guide you through the complex court process and represent you effectively.

What to Expect During Court Proceedings

If your case goes to court, the judge will hear evidence from both sides before making a decision about whether to set aside the will. Mint Legal Brisbane has extensive courtroom experience and will fight diligently on your behalf.

Cost of Challenging a Will in Queensland

The cost of challenging a will can vary depending on the case's complexity. You will need to account for legal fees, court costs, and potentially expert witness fees. Mint Legal Brisbane offers competitive rates and transparent fee structures, ensuring you understand the financial implications before proceeding.

Alternatives to Challenging a Will in Queensland

In some cases, resolving a dispute outside of court might be possible. This could involve mediation or arbitration, facilitated by qualified professionals like those at Mint Legal Brisbane. These options can be faster and less expensive than going to court.

Time Limits for Challenging a Will in Queensland

There are time limits for challenging a will in Queensland. In most cases, you must file a caveat within six months of the date of death. However, exceptions exist, and consulting with Mint Legal Brisbane is crucial to ensure you meet the deadlines.

Tips for Challenging a Will in Queensland

Here are some helpful tips for challenging a will in Queensland:

  • Gather evidence: The more evidence you have to support your claim, the better. Mint Legal Brisbane can help you gather and organize relevant documents and witness statements.
  • Be prepared to compromise: In some cases, reaching a settlement with other parties involved might be the most efficient solution. Mint Legal Brisbane can guide you through negotiation and settlement processes.
  • Be patient: The legal process can take time, so be prepared for the long haul. Mint Legal Brisbane will keep you updated and ensure your case progresses efficiently.


Challenging a will in Queensland can be complex and emotionally draining. However, understanding your rights and seeking expert legal advice from Mint Legal Brisbane can empower you to navigate the process successfully. With their dedicated team and comprehensive legal expertise, you can ensure your voice is heard and your interests are protected throughout the process.

This article is for informational purposes only and does not constitute legal advice. It is crucial to consult with a qualified lawyer like those at Mint Legal Brisbane for personalized guidance and legal representation in challenging a will.

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