Time Limits for Family Provision Claims in Queensland: What You Need to Know

When someone passes away, emotions often run high — particularly if a family member or dependant believes they haven’t been properly provided for under a will (or where there is no will at all). In Queensland, the law does allow eligible people to make a family provision claim, but strict time limits apply.

If those deadlines are missed, your right to make a claim may be lost altogether. This is why it’s important to get advice early.

What is a Family Provision Claim?

A family provision claim is an application to the court requesting additional provision from a deceased person’s estate. These claims are governed by the Succession Act 1981 (Qld) and can apply whether the deceased left a will or died intestate (without a will).

The court’s role is not to rewrite the will simply because it feels unfair, but to decide whether the deceased made adequate provision for the proper maintenance and support of eligible family members or dependants.

Who Can Make a Family Provision Claim?

In Queensland, only certain people are eligible to bring a family provision claim. These typically include:

• A spouse or partner of the deceased (including de facto and sometimes former spouses)

• Children of the deceased (including adult children, stepchildren and adopted children)

• Certain dependants who were financially supported by the deceased

Eligibility alone does not guarantee success — but it does allow a claim to be made if the time limits are met.

The Critical Time Limits in Queensland

Queensland has two key deadlines that apply to family provision claims:

1. Notice to the Executor – within 6 months of death

An eligible person must give written notice to the executor of the estate within six (6) months of the date of death advising that they intend to make a family provision claim.

This notice is important because it alerts the executor not to distribute the estate prematurely.

2. Filing the Court Application – within 9 months of death

The actual court application must then be filed within nine (9) months of the date of death.

This deadline applies regardless of whether probate has been granted.

What Happens if You Miss the Time Limit?

It is sometimes possible to ask the court for permission to bring a claim out of time, but these applications are not guaranteed.

When deciding whether to extend time, the court will look at factors such as:

• How long the delay was

• Why the delay occurred

• Whether the estate has already been distributed

• Whether allowing the claim would cause unfairness to other beneficiaries

In practice, once an estate has been distributed, it can be very difficult to bring a successful late claim. Courts in Queensland have consistently stressed the importance of acting within time unless there are compelling reasons not to.

Why Acting Early Matters

Many people delay seeking legal advice because they are grieving, uncertain about their rights, or hoping matters will resolve informally. Unfortunately, delay can be fatal to a family provision claim.

Early advice allows us to:

• Confirm eligibility

• Preserve the estate before distribution

• Engage with executors at an early stage

• Assess prospects before costs escalate

Advice for Executors and Beneficiaries

Executors also need to be aware of these time limits. Distributing an estate too early can expose an executor to personal legal risk if a family provision claim later emerges.

A cautious approach is often required, particularly where there are blended families, estranged children, or financial dependants.

How Sarinas Legal Can Help

At Sarinas Legal, we regularly advise:

• People considering a family provision claim

• Executors responding to claims or potential claims

• Beneficiaries affected by estate disputes

We provide clear, practical advice about time limits, eligibility, prospects of success and next steps — helping you make informed decisions during what is often a very difficult time.

If you are concerned about your rights, or your obligations as an executor, it’s important to seek advice as early as possible.