Contested Wills & Estates

Have you been left out of a Will?

If you’ve been left out of a Will, or believe the inheritance you’ve received is inadequate in the circumstances or doesn’t reflect your relationship with the deceased, you’re not alone. Many people find themselves in this position, and it can be both confusing and distressing. Understanding your legal rights is the first step toward ensuring you receive the provision you’re entitled to.

Contesting a Will means formally challenging its validity or fairness. This may arise where there are concerns about the Will-maker’s mental capacity, signs of any undue influence, or where you believe you were not adequately provided for despite your relationship or financial dependence on the deceased.

Who can contest a Will?

Not everyone is eligible to contest a Will. Generally, Queensland law allows those who were the immediate family of the deceased or financially dependent on them to make a claim. This typically includes:

Spouses and de facto partners
Children (including adult children)
Stepchildren and other dependants in certain circumstances
Other close family members who relied on the deceased for financial support

If you’re unsure whether you are eligible to make a claim, early legal advice can give you clarity and confidence before any time limits expire.

Strict time limits apply

Contesting a Will in Queensland is subject to strict timeframes. If you miss the deadline, you may lose your right to make a claim entirely. We strongly encourage you to seek advice as early as possible to preserve your options.

Grounds to contest a Will

You may have grounds to dispute a Will if:

The Will was not properly signed or witnessed

The Will-maker lacked testamentary capacity at the time it was made

The Will was made under pressure, coercion, or undue influence

You are an eligible person and were not adequately provided for, given your relationship or dependence on the deceased

These kinds of disputes arise more often than most people expect, and with the right legal advice, many are resolved without the need for contested court proceedings.

How Millar Trost Legal can help

At Millar Trost Legal, we understand how personal and stressful estate disputes can be. Our experienced team will take the time to understand your circumstances, explain your rights clearly, and guide you through every stage. From gathering evidence and engaging in mediation, through to court representation if required.

We are committed to pursuing the best possible outcome for you while minimising cost and stress wherever possible.

A Smarter, Flexible Way to Fund Your Estate Administration Matter

Managing a deceased estate and the probate process often means covering more than just legal fees. Executors can face costs like insurance, property maintenance, and other expenses – often out of their own pocket, with reimbursement to come later. They may even want to improve assets prior to sale.

Through our partnership with JustFund, eligible Executors and Beneficiaries can access flexible funding to cover these expenses as well as legal fees, with no repayments until probate is finalised. This helps ease financial pressure while ensuring the estate is preserved.

Take the first step today.