I was left out of a will

Being left out of a will, or left with less than you expected, can hurt in a way that is hard to explain. It is fine to feel that. This guide is general information about what Queensland law may offer, and about one deadline that is worth knowing early.

What this usually means

In Queensland, a person is generally free to leave their estate to whoever they choose. But the Succession Act 1981 (Qld) has a safety net called family provision. It lets certain close family members ask the Supreme Court of Queensland to order that more be paid to them out of the estate.

Not everyone who is left out can apply. The Act says only these people can:

• A spouse. This is widely defined and can include a de facto partner or civil partner.
• A child. This includes a stepchild and an adopted child.
• A dependant. This is someone who was being wholly or mostly supported by the person who died, and who is a parent of the person, the parent of a child under 18, or a person under 18.

The court can make an order if the will, or the rules for dying without a will, did not make "adequate provision for the proper maintenance and support" of the person. The court has a wide discretion. It can order a lump sum or regular payments. It can also refuse to make an order for someone whose character or conduct it thinks disentitles them.

A claim may not succeed. The court looks at the whole picture, not only whether you feel it is unfair. That is why advice early is valuable.

What you can do now

1. Note the date of the death. Almost everything runs from that date, not the date you found out about the will.
2. Get legal advice quickly. A lawyer can tell you if you are an eligible person and if a claim is worth pursuing. Legal Aid Queensland's information line is 1300 65 11 88, and its civil law scheme may help some people.
3. Ask to see the will. The Succession Act says a person holding a will must let an entitled person see it or give a certified copy. That list includes a spouse, a parent or child of the person who died, and a person who may apply under the family provision part.
4. Consider telling the executor in writing. Notice of an intended claim must be in writing signed by you or your solicitor. It can affect whether the executor can safely pay out the estate. A lawyer can help you word it.
5. Keep records. Keep anything that shows your relationship with the person, how they supported you, and your own needs and money. Do not make up or alter documents.

Time limits

The main limit is 9 months from the date of death to start court proceedings. Section 41(8) of the Succession Act says the court will not hear an application unless the proceedings are started within 9 months of the death, "unless the court otherwise directs". That wording means a judge can sometimes allow a late claim, but it is a favour and not a right.

There is also a pair of dates that protect the executor, in section 44:

• If an executor distributes properly 6 months or more after the death with no notice of a claim, they are generally protected.
• If they have received notice of a claim, they are generally protected if they distribute 9 months or more after the death, unless they are told that court proceedings have begun.

These dates mean an executor may be paying out the estate while you are still deciding what to do. Do not wait. Once the estate is distributed, it can be much harder to get anything.

This is the position in the Act as at 2 November 2026. Reform of the Act has been reviewed before, so a lawyer will check that the limit has not changed.

If it goes further

A family provision claim is started in the Supreme Court of Queensland. Many claims settle without a hearing. If one does not, a judge decides whether the person should receive more, and how much. A judge also decides who pays the legal costs, which can reduce what is left for everyone.

Questions to ask whoever helps you

• Am I someone the Act allows to apply?
• What is the exact deadline in my case, and has it passed?
• What do I need to show to get provision, and what are the weak points?
• What will it cost, and who is likely to pay the estate's costs and mine?
• Should I write to the executor now, and what should the letter say?