Defending a Will in Queensland: A Practical Guide for Executors

When a Will is challenged, the executor’s role quickly becomes more than administrative. You are responsible for protecting the estate, carrying out the deceased’s wishes, and making sure the law is on your side. In Queensland, success depends on knowing the process, acting within strict timeframes, and responding to claims in the right way.

Disputes over wills are not unusual. Some may raise genuine concerns, while others are less substantial. Either way, how you manage the situation will affect both the estate and the beneficiaries. With a clear and informed approach, you can reduce conflict, avoid unnecessary delays, and give the estate the best chance of being distributed as intended.

This guide outlines what executors need to know in Queensland — from the legal requirements to the practical steps to take when faced with a Will dispute.

The Role of an Executor in A Will Dispute

The executor’s responsibility includes:

• Responding properly to claims against the estate
• Protecting the beneficiaries’ interests while managing estate assets
• Aiming to minimise legal costs and delays in the process
• Defending the testator’s documented wishes, even if you disagree with them

Because these disputes involve complex legal rules and significant financial risks, professional legal guidance is essential. An experienced Will Dispute Lawyer like one of ours can help executors carry out their responsibilities properly, avoid personal liability, and ensure the interests of the estate and its beneficiaries are protected.

What to Do When You First Get Notice of a Challenge

A prompt, organised response is vital to safeguard the estate.

Your immediate response should include:

• Securing documentation: Gather all original Will documents, drafts, and related correspondence
• Engaging legal counsel: Contact experienced Will Dispute Lawyers like ours immediately
• Beneficiary notification: Inform beneficiaries about the challenge and potential implications
• Evidence preservation: Collect relevant medical records, witness statements, and financial documents

The importance of prompt action cannot be overstated. Delays in responding to challenges against a Will can compromise your defence strategy and potentially expose the estate to additional liability if distributions occur prematurely.

Building Your Defence Strategy

Successfully defending a Will starts with gathering the right evidence and building a clear case. The strength of your position will largely depend on how well you can show that the Will reflects the testator’s true intentions and was made validly.

Key evidence often includes:

• Solicitor’s file, which includes notes, draft Wills, and the testator’s instructions recorded by the lawyer who prepared the original Will
• Medical records covering the testator’s health around the time the Will was made
• Witness statements from those who signed the Will or saw the testator’s wishes expressed
• Financial documents showing the estate’s assets and the family’s circumstances
• Correspondence that refers to inheritance plans, such as letters, emails, or recordings

Of these, the solicitor’s file is often the most valuable. It can provide detailed insight into the testator’s mental state, the instructions they gave, and the reasoning behind decisions about beneficiaries.

Queensland’s Strict Timeframes

In Queensland, succession law sets strict deadlines that shape how executors defend an estate:

• 6 months after death – challengers must give the executor written notice of intention to contest
• 9 months after death – final deadline to lodge a court application
• After 9 months – late applications are only allowed with court approval and strong justification

These limits give executors a strategic advantage, as late claims are much harder to pursue. Executors should avoid distributing assets before the 6-month notice period ends, and must seek legal advice before distributing once notice has been given but the 9-month period is still open.

Who Shoulders the Legal Expenses?

Will disputes can be expensive and reduce the estate available for beneficiaries, so executors must manage costs carefully:

• If the defence succeeds, the challenger usually pays the estate’s legal costs
• If the defence fails, the estate may cover both parties’

Mediation and negotiation are common, cost-effective ways to resolve disputes. However, not every case should settle. Weak or frivolous claims may justify a strong defence to protect beneficiaries and deter future challenges.

Also, executors have the right to indemnity, meaning that reasonable costs incurred while carrying out their duties — including defending a Will — can be paid from the estate. When acting in good faith and with proper legal advice, executors are generally not personally responsible for these expenses.

Evidence that Matters in Court

• Original documents with clear custody chains: Courts prefer originals over copies
• Contemporary records: Documents created at the time events happened
• Independent witness testimony: People with no stake in the outcome
• Medical opinions from treating doctors: Not hired experts who never met the deceased
• Consistent patterns of intention: Evidence that the person held these views for a long time

Evidence that weakens your case:

• Altered or incomplete documents
• Inconsistent witness statements
• Paid expert opinions from people who never met the deceased
• Evidence of family pressure

When Challenges Don’t Have Merit

Sometimes, people contest Wills based on hurt feelings rather than legal grounds. When you’re defending a Will against a weak claim, you might be able to get it dismissed quickly.

Signs of a weak challenge:

• No proper evidence: Just allegations without backup
• Ineligible challengers: People who don’t have the right to contest
• Missing deadlines: Late applications without good explanations
• Contradictory claims: Arguments that don’t make logical sense

If you’re facing a clearly baseless challenge, you can apply for a summary dismissal. This asks the court to throw out the case before it goes to trial. It’s not always the right strategy, but when it works, it saves enormous time and costs.

Conclusion

Successfully defending a Will relies on acting promptly, gathering solid evidence, and making strategic decisions throughout the process. While challenges can feel overwhelming, many either settle reasonably or are dismissed when they lack merit. The key is obtaining expert legal guidance early and preparing thoroughly, so the deceased’s intentions are honoured while minimising disruption and costs for beneficiaries.

How We Can Help

At ROC Legal, we bring extensive experience in complex estate disputes across Queensland. Our team has navigated cases involving executors acting improperly, disputes over valuable estate assets, and challenges requiring strategic court applications. In one recent Supreme Court matter, we secured an exceptional outcome for our client, including a court order requiring the co-executor to personally indemnify the estate for costs, protecting the beneficiaries and the estate’s value.

This demonstrates our ability to manage both the legal and practical complexities of Will disputes. We work closely with executors and beneficiaries to develop strong defence strategies, gather the right evidence, and pursue the most cost-effective resolutions. Whether facing a family provision claim, a validity challenge, or issues with co-executors, our experienced Will Dispute Lawyers Brisbane and Will Dispute Lawyers Gold Coast have the expertise to protect your loved one’s wishes and the estate’s integrity.

Contact one of our team for expert advice today.