Home » Our Legal Services » No Win No Fee » Will Dispute Lawyers Brisbane

Will Dispute Lawyers Brisbane

Last updated 6 September 2026 · Reviewed by Sean Roche, Principal, Roche Legal

Excluded from a will? Received less than your fair share? You may have more rights than you think.

At Roche Legal, we understand that contesting a will can be one of the most emotionally difficult situations a person can face, coming at a time when you are already grieving. Our experienced estate litigation lawyers are here to guide you through the process with expert legal advice, compassion, and a clear focus on achieving the best possible outcome for you.

Queensland law gives eligible people the right to challenge a will, whether you have been entirely excluded, left with an unfair share, or believe the will itself was invalid. However, these rights come with strict time limits, and the clock starts from the date of death.

If you believe you have a claim, contact us for a free initial consultation. Roche Legal offers No Win No Fee representation for qualifying estate litigation claims. This means there is no financial risk in finding out where you stand.

Estate litigation lawyers reviewing a deceased person's photographs and documents.

⚠️ Act fast, strict time limits apply. In Queensland, you must notify the executor within 6 months of the date of death, and file your application within 9 months. Missing these deadlines can forfeit your right to claim.

Get a Free Consultation

Free Eligibility Check

Tell us your relationship to the deceased and we will let you know whether you may be eligible to make a family provision claim, and what the time limits mean in your situation. It is free and there is no obligation.

    Does any of the following apply to you? We need this before we can offer a free call.

    Based on your answers, you are unlikely to have an automatic right to make a claim on this estate.

    In Queensland, a claim for further provision is generally limited to a spouse or partner, a child or step-child, or someone the deceased was financially supporting. Our free phone consultation is for those enquiries.

    If you think your situation is unusual, send us the details here and we will let you know if it is something we can help with.

    Our Will Dispute Lawyers

    Roche Legal acts for people contesting a will and for executors defending an estate, throughout Queensland. Our estate litigation practice is led by Sean Roche, the Director of Roche Legal, with appointments available at our Springwood office and in Brisbane at Level 34, 1 Eagle Street, Brisbane City QLD 4000.

    Most estate litigation in Queensland is billed hourly, which is why many people never find out whether they had a claim worth making. We act on a no win no fee basis in will disputes, so you can get an answer on your prospects before you commit to anything.

    Our will dispute lawyers can advise on family provision applications, on challenges to the validity of a will, and on defending an estate against a claim. We act for clients across Brisbane, Logan, the Gold Coast and the Sunshine Coast.

    Contesting a Will

    You may contest or challenge a deceased estate based on:

    “Family Provision” legislationThis legislation allows for spouses (which includes de facto spouses), children (which includes stepchildren), and dependents to argue that they have not been adequately provided for in the Will. A Family Provision Application is the most common type of legal challenge to an estate.
    Will ValidityChallenging the validity of the Will when it was created, based on possible undue influence, fraud, forgery, or more commonly, the lack of the testator’s mental capacity
    Unfair or improper distribution by executor/administratorIf you believe the estate is being distributed incorrectly or unfairly by the Will’s executor or appointed administrator
    Other reasons

    If there was no Will left by the deceased, it is more difficult to challenge the estate however not impossible. When someone dies without a Will, they are said to have died intestate.

    Read more about Queensland’s laws of intestacy and your rights as a beneficiary.

    Family Provision Applications

    Making a claim against a deceased estate is known as a Family Provision Application. At Roche Legal, we handle Family Provision Applications on a No Win No Fee basis, meaning you only pay if your claim is successful.

    Family Provision applications are made under Part IV of the Succession Act 1981 (Qld) (“the Act”). Section 41 of the Act sets out the relevant principles that a Court will take into account when deciding a Family Provision application.

    To be successful in your family provision application you must prove to the Court that you:

    have standing to bring a Family Provision Application. This means that you must be the spouse, a child, or dependent of the deceased
    and
    have been unfairly and unreasonably excluded from a will (or been left an insufficient inheritance).

    Standing

    In Queensland, the only eligible people who have standing to bring a Family Provision Application against an estate are:

    spouse of the deceased e.g., husband, wife, de facto spouse, registered partner, or a dependant former husband, wife, or registered partner
    child of the deceased e.g., biological child, stepchild, child of a de facto spouse, or adopted child
    dependant of the deceased: any parent/child of the deceased who was being wholly or substantially maintained or supported by the deceased at the time of the deceased’s death.

    However, just because a person has standing to bring a Family Provision application, it does not necessarily follow that they will be successful in actually challenging a will. If you are unsure whether you qualify, speak to one of our lawyers for free.

    Unfair and Unreasonable Exclusion from Will / Insufficient Inheritance

    The Court will consider a range of factors as to whether it should order further provision from the estate if you can show that further provision from the estate is needed to meet the costs of your proper maintenance and support. These considerations include:

    • the size and nature of the estate
    • your financial position and reasonable requirements for financial support
    • the financial position and requirements of other beneficiaries and claimants on the estate
    • the nature of your relationship with the deceased
    • the nature of the relationships the deceased had with other beneficiaries and others who may have a claim

    It is important to understand that the Court is not simply asking whether the will was “unfair” in a general sense – it is asking whether adequate provision was made for your proper maintenance and support, given your specific circumstances and your relationship with the deceased. A person who was financially independent and had a distant relationship with the deceased may be treated very differently to a person who was closely dependent on them.

    In practice, Queensland courts have awarded further provision to adult children even where the deceased had reasons for excluding them, particularly where those children had genuine financial need. Every case turns on its own facts, which is why it is important to get personalised legal advice. Contact Roche Legal for a free consultation to discuss the specific circumstances of your claim.

    Time Limits

    Each State of Australia has a different set of rules which apply when contesting a Will depending on where the deceased died.

    In Queensland, the executor must be notified of a challenge within 6 months of the date of death. Then an application must be brought in the court within 9 months of the date of the deceased’s death.

    Our guide to contesting a will in Queensland goes through how those deadlines work in practice, including when a court will extend them and what happens if the estate has already been distributed.

    If you wish to make a family provision application, but are outside of the 6 month time limit, but still within the 9 month time limitation, not all hope is lost. Urgent action can be taken to protect your right to make a claim, which may also prevent the estate from being distributed.

    How the Claims Process Works

    While every estate dispute is unique, most Family Provision Applications in Queensland follow a similar process. Understanding what to expect can help reduce the stress of an already difficult situation.

    It starts with a free consultation, where we assess your situation and give you an honest view of your prospects. From there we obtain the will, protect your time limits, gather the evidence about the estate, your circumstances and the other beneficiaries, and push for a negotiated or mediated outcome, which is how most claims end. The court steps and the deadlines that drive them are set out below.

    How a family provision claim moves through the court

    1
    The will-maker dies. Are you a spouse, child or dependant, and did the will (or the intestacy rules) leave you without adequate provision? Get advice before the clocks below run.
    ↓
    2
    Within 6 months of death
    Written notice to the executor that you intend to claim. Once 6 months pass with no notice, the executor can distribute the estate and is protected if they do (Succession Act s 44(3)).
    ↓
    3
    Within 9 months of death
    File the application in court (s 41(8); the court can allow a later start, but do not rely on it). Filed with your affidavit setting out why you are eligible and what provision you seek, and your solicitor’s estimate of costs to the end of mediation.
    ↓
    4
    After filing
    Serve the executor with the application and your affidavits, together with a list of everyone else who could claim and every beneficiary.
    ↓
    5
    Usually by consent
    The parties agree a timetable for the claim in a consent order, which the court makes on the papers. A first directions hearing is listed within 28 days of filing, but it only goes ahead if the directions cannot be agreed.
    ↓
    6
    Under the directions
    The executor files an affidavit with the will, the grant, and the estate’s assets and liabilities at the date of death and now. Everyone eligible is notified and can apply to join by a set date, and the parties exchange their evidence.
    ↓
    7
    As early as practical
    Mediation, usually a full day. Costs estimates are exchanged five business days before. The mediator’s fee comes out of the estate in the first instance. Most claims settle here or earlier.
    ↓
    SettledConsent orders giving effect to the settlement, often made on the papers without a hearing.
    Not settledFurther directions, then a trial plan, agreed facts, a chronology and a list of issues, then trial. The court can cap the costs a party may recover, especially where the net estate is under $500,000.

    Based on Supreme Court of Queensland Practice Direction 14 of 2023 (family provision applications, paragraphs 31 to 42, as amended June 2024). Smaller estates within the District Court’s limit follow a similar path under District Court Practice Direction 8 of 2001, with no fixed return date, a draft directions order served with the application, and a dispute resolution plan before any mediation. Every matter differs; the court sets the actual dates.

    Throughout the process, Roche Legal keeps you informed and in control. We have offices in Brisbane, Springwood, and the Sunshine Coast, and our no win no fee lawyers act for eligible claimants.

    Costs in a family provision application do not follow the ordinary rule that the loser pays. The court decides who pays, and the usual practice is that a successful applicant’s costs are ordered to be paid out of the estate, and the executor’s costs of upholding the will are paid from the estate as well. In practical terms, the estate rather than the person bringing the claim bears most of the cost of a successful application.

    How the claim endsYour legal costsThe executor’s legal costs
    Succeeds at trialUsually ordered to be paid out of the estatePaid out of the estate
    Settles at or before mediationAs agreed in the settlement, commonly paid from the estatePaid out of the estate
    Fails at trialUsually your own, and the court can order you to pay the executor’s costs if the claim should not have been broughtPaid out of the estate

    The usual practice in Queensland family provision applications. The court keeps a discretion in every case.

    This is the usual practice, not a guarantee. Costs paid from the estate come out of the pool every beneficiary shares, which is one reason the court expects the parties to mediate early and can cap the costs any party may recover, particularly where the net estate is worth less than $500,000. Costs recovered from the estate are also assessed on a court scale and may not cover every dollar of the legal fees incurred, so any difference is met from the provision the court orders, within the fee cap in your costs agreement.

    If we run your claim on a no win no fee basis, we cover the court filing fees and other disbursements, and costs are usually recovered from the estate. We also cap our fees at 40% of your gross inheritance however long the matter takes, so what you keep is always more than what we are paid, and an estate cannot be eroded by legal costs.

    Frequently Asked Questions

    Yes – Roche Legal offers No Win No Fee representation to everyone with a qualifying claim for further and better provision of a deceased estate.

    If you already have a copy of the will and can show what the estate is worth, either through the executor or from title records for property the deceased owned outright, we can usually offer that from the start.

    Most people cannot get that far on their own. In that case we begin with a preliminary investigation from $440 including GST, which is roughly an hour of a solicitor’s time. We request the documents, work out what the estate actually holds, and lodge your notice of intention with the executor before the six month deadline passes, so your position is protected while we are still finding out. Once we know the size of the estate we can tell you whether we will run the claim no win no fee from there. If we do, we cover the court filing fee and the other disbursements needed to bring your application.

    We do not offer No Win No Fee services if you are acting as an executor/administrator and require us to defend an estate against someone attempting to make a claim. However, the fees for defence are typically payable by the estate and not the executor directly.

    Contact us for a free initial consultation. We have offices in Brisbane, Springwood, and the Sunshine Coast.

    Your claim is usually brought against the estate of the deceased by way of application to the court. The executor named in the will has the responsibility to defend any such challenges against the deceased estate.

    It is also possible that a claim may be able to be brought against the executor of the will themselves in their personal capacity if they have administered or executed the will too early, or inappropriately.

    More than one person may be entitled to make a family provision claim on an estate. However, different people may have different entitlements. Contact us if you are unsure whether you have a claim.

    If you require assistance to defend a claim being made on an estate, and you believe the person should have no entitlement, Roche Legal can assist. Legal fees for the defence can often be paid from the estate rather than yourself directly. Contact us to learn more.

    The timeframe varies depending on the complexity of the estate and whether the matter can be resolved through negotiation or requires a court hearing. Many claims are settled within 6–12 months through negotiation or mediation. However, if the matter proceeds to a contested court hearing, it can take 1–2 years or longer. Acting early gives you the best chance of a timely resolution.

    Roche Legal offers No Win No Fee representation for qualifying estate litigation claims, which means you pay nothing unless we succeed. If you already have a copy of the will and can show what the estate is worth, we can usually offer that from the start. Most people cannot, so we begin with a preliminary investigation from $440 including GST, roughly an hour of a solicitor’s time, during which we request the documents, work out what the estate actually holds, and lodge your notice of intention with the executor before the six month deadline passes. Once we know the size of the estate we can tell you whether we will run the claim no win no fee from there. If we do, we cover the court filing fees and other disbursements, and costs are usually recovered from the estate. We also cap our fees at 40% of your gross inheritance however long the matter takes, so what you keep is always more than what we are paid, and an estate cannot be eroded by legal costs.

    Yes. Being left out of a will entirely is one of the most common grounds for a Family Provision Application in Queensland. If you are an eligible person (spouse, child, or dependant of the deceased) and you were not adequately provided for, you may have grounds to make a claim regardless of whether you were named in the will or not.

    If the estate has been partially or fully distributed before your claim is resolved, it can complicate matters, but it does not necessarily end your claim. In some cases, proceedings can be brought against the executor personally if they distributed the estate prematurely or inappropriately. This is why acting quickly within the 6 and 9 month time limits is so important. Contact us as soon as possible if you are concerned about this.

    There is no reliable success rate to quote, because most family provision claims settle through negotiation or mediation and never reach a judgment. What matters is the strength of your own claim. The court can order further provision from the estate if the will did not make adequate provision for your proper maintenance and support, and it has a wide discretion in deciding what is fair.

    The factors that usually decide a claim are your relationship with the deceased, your own financial position and needs, the size of the estate, and the needs of the other people provided for in the will. Claims by a spouse or child who has been left little or nothing, from an estate large enough to do better, tend to be the strongest. Claims are weaker where the estate is small and the other beneficiaries have equal or greater need, and the court can refuse a claim where the applicant’s conduct disentitles them to provision.

    Our guide to contesting a will in Queensland explains how claims are run, and our review of Queensland estate disputes decided in 2025 shows how the court has weighed competing claims in real cases. Contact us for a free initial consultation and an honest view of your claim.

    What Our Clients Say

    • Roche Legal guided me through the entire process after I was left out of my father’s will. Their no win no fee arrangement meant I could pursue my claim without financial stress. I couldn’t be happier with the outcome.
      Margaret T.
      Estate Claimant, Brisbane
    • I was unsure whether I had a valid claim, but after a free initial consultation with Roche Legal, everything became clear. Their team was compassionate, professional, and achieved a result I didn’t think was possible.
      David K.
      Beneficiary, Gold Coast
    • The team at Roche Legal handled my estate dispute with sensitivity and expertise. They kept me informed at every step and I felt genuinely supported throughout what was an emotionally difficult time.
      Susan R.
      Estate Claimant, Sunshine Coast

    Ready to Make a Claim?
    Find Out Where You Stand – Free.

    Our estate litigation lawyers offer a free initial consultation. If you have a qualifying claim, we represent you on a No Win No Fee basis. We have offices in Brisbane, Springwood, and the Sunshine Coast.

    Book a Free Consultation
    Call Us Now

    This commentary is published by Roche Legal for general information purposes only and should not be relied on as specific advice. The content relates to Queensland law only and is subject to change over time. You should seek legal advice for any question, or for any specific situation or proposal, before making any decision.