Estate distribution and disputes
How estates are distributed, how claims arise — and how to reduce the risk.
Queensland law allows certain family members to ask the court for a greater share if a will, or the intestacy rules, do not make adequate provision for them. Being left out of a will does not stop a claim. Careful planning while you are alive is the best way to protect your wishes and spare your family a dispute.
A claim that the deceased did not make adequate provision for the claimant’s proper maintenance and support. The court looks at need, the relationship, the size of the estate and the other beneficiaries.
Claims that the will-maker lacked capacity, was unduly influenced, or that the will was not signed properly.
Unclear wording, gifts of assets that no longer exist, or beneficiaries who have died.
Delay, conflicts of interest, poor record-keeping or refusal to distribute, which may lead to an application to remove the executor.
Unsigned documents, notes or videos the court may be asked to recognise as a will.
Disputes about super are decided by the fund trustee, and then by complaint, rather than under the will.
Ex-partners
- Separation does not change your will — update it as soon as you separate
- Divorce generally cancels gifts to a former spouse, but not your super nomination or joint ownership
- Review binding super nominations and life insurance
- Consider severing a joint tenancy so the home does not pass automatically
- A dependent former partner may still be able to claim
Estranged children
- Leaving a child out does not prevent a claim, and adult children can and do claim
- Record your reasons in a signed, separate statement kept with your will
- Consider a modest gift rather than nothing
- Keep evidence of support already given, such as loans or gifts
Blended families
- Stepchildren may be able to claim
- Balance a current partner with children from an earlier relationship
- Use a life interest, right of residence or testamentary trust
- Couples can agree to mutual wills — with clear written terms
Capacity and influence
- Have your will prepared by a lawyer, not online
- We meet you alone to confirm your wishes are your own
- Medical evidence of capacity for older or unwell will-makers
- Detailed file notes of instructions and reasons
Assets outside the estate
- Jointly owned property passes to the survivor
- Super can be paid directly to a nominated beneficiary
- Queensland generally does not let claims reach these assets, unlike New South Wales
- Ownership can be planned to match your wishes
Talk to your family
- Explain major decisions while you can
- Keep your executor informed of where documents are
- Review your plan every few years and after major events
- Keep wills, EPAs and super nominations consistent
If you are an executor
- Do not distribute until the claim periods have passed
- Give and keep proper notices
- Hold enough back for costs and tax
- Stay neutral and keep legal costs proportionate
- Consider early mediation
If you are a family member
- Get advice early — the nine-month deadline is strict
- Give written notice of your claim to the executor
- Gather evidence of your circumstances and relationship
- Most claims are resolved at mediation
- Costs can be significant, so weigh the likely outcome
- Missing the nine-month deadline to claim
- Executors distributing too early
- Homemade wills with unclear wording
- Wills not updated after separation
- Reasons for excluding someone not recorded
- Super nominations that contradict the will
- Family members kept in the dark
- Executors who are also beneficiaries in conflict
How we help — our difference
We help will-makers plan to avoid disputes, and act for executors and family members when a dispute arises, with a focus on early, sensible resolution. Your matter is handled personally by an experienced solicitor.
- Estate planning to reduce the risk of claims
- Advice to executors on claims and distribution
- Family provision claims and defences
- Mediation and negotiated settlements
Concerned about a dispute? Talk to us early.
A short first phone call is free. Detailed advice on your situation is given at a paid consultation, by appointment.
General information only, current as at October 2026 — not legal advice for your situation. Laws, fees and duty rates change, so we confirm the current position before advising you. Official information: Queensland Courts.