Family Provision Claims · Queensland
Family Provision Claims
Left out of a will, or not adequately provided for? Whether you’re seeking fair provision or defending an estate as executor, our estate litigation team can help.
- Free initial consultation with a lawyer
- You speak with the Principal, not a junior
- Mediation-first, court-ready approach
Book a free initial consultation
No obligation. Book a free consultation with our team to explore your legal options — we’ll get back to you promptly.
How we help
Family provision expertise, both sides
We act for claimants seeking fair provision — and for executors protecting estate interests.
Assessing Eligibility
The first threshold: are you a spouse, child or dependant under the Succession Act 1981 (Qld)? We assess your standing — including de facto, stepchild and former-partner scenarios.
Evaluating Claim Prospects
A realistic assessment of your claim’s strengths — your relationship with the deceased, your financial needs, the estate’s size and competing claims.
Negotiation & Mediation
Most family provision claims settle without a court hearing. We negotiate hard for a fair outcome while preserving family relationships where possible.
Defending Claims
Acting for executors — upholding the deceased’s wishes, protecting the estate, and managing your obligations and potential personal liability.
Why ROC Legal
Experience. Approachable. Dedicated.
Founded in 2017 by Principal Lawyer Robert O’Neil, ROC Legal pairs serious legal expertise with a genuinely human approach — you deal with the principal, not a junior.
You speak with the Principal
Direct access to a senior lawyer on every matter — not a rotating junior associate.
Mediation first, court-ready
We resolve most estate disputes through negotiation and mediation — and litigate firmly when it’s needed.
Clear, plain-English advice
We explain complex legal concepts in plain language and keep you informed at every step.
Family provision claims in Queensland
A family provision claim asks the court to order further provision from a deceased person’s estate for an eligible applicant who was left out of the will — or not adequately provided for.
Eligibility is the first threshold. We examine your relationship to the deceased against the statutory definitions of “spouse”, “child” and “dependant” under the Succession Act 1981 (Qld) — including de facto relationships under s 32DA of the Acts Interpretation Act 1954 (Qld), and the harder scenarios involving stepchildren, foster children and former partners. Even where eligibility seems uncertain, we can advise on the arguments available to establish your right to claim.
How we evaluate your claim
Before you commit to anything, we give you a realistic assessment of the claim’s strengths and weaknesses, the likely range of provision if successful, and the risks and costs involved. The court weighs many factors, and so do we:
- The nature and quality of your relationship with the deceased — support, contact, any estrangement
- Your financial position and needs, current and future — assets, income, debts, health
- The size and nature of the estate available for distribution
- The competing claims of other beneficiaries and potential applicants
- Contributions you made to the deceased’s property or welfare
- The deceased’s wishes and their reasons for the provision they made (or didn’t)
- Any factors that may weaken the claim — disentitling conduct or provision already made
That thorough evaluation lets us advise you honestly on the best course — negotiate a settlement, or proceed to litigation.
Making (or defending) the claim
Commencing proceedings
When you’re ready to proceed, we choose the appropriate court (Supreme or District, based on the claim’s value), prepare a comprehensive originating application and supporting affidavit, identify the correct respondents, and file within the critical time limits — or seek an extension where necessary.
Negotiation and mediation
We strongly emphasise negotiation and mediation — resolving disputes without costly, time-consuming court proceedings wherever possible. If direct negotiations stall, professional mediation with a neutral third party often gets matters resolved. And if negotiations fail, we’re fully prepared to advocate vigorously in court.
Defending claims as executor
Executors have a duty to uphold the deceased’s wishes while administering the estate lawfully. We assess the merits of any claim against the estate, gather the evidence supporting the estate’s position, explore settlement where appropriate to minimise costs, and advise you on your obligations and potential personal liability throughout. Where needed, we obtain expert evidence — property valuations, assessments of future financial needs — to strengthen the case.
The clock runs fast: 9 months
Written notice of a family provision claim must generally be given to the executor within six months of the death, and the application filed within nine months. The court can extend time only in limited circumstances — don’t wait.
A simple process
Three steps to peace of mind
Tell us your story
Book a free, no-obligation chat. We listen first and understand your situation.
We assess & advise
Clear, honest advice on your options, your prospects and the best path forward.
We act for you
We handle everything and pursue the outcome you deserve — keeping you informed throughout.
Questions
Family provision FAQs
Who is eligible to make a family provision claim?
The deceased’s spouse (including de facto partners), children (including stepchildren and adopted children) and dependants, as defined in the Succession Act 1981 (Qld). Other categories generally cannot bring a claim.
What time limits apply?
Written notice to the executor within six months of the death, and the application filed within nine months. Extensions are possible but limited and at the court’s discretion.
What does the court consider?
Your relationship with the deceased, your financial circumstances and needs, the size of the estate, competing claims of other beneficiaries, your contributions, the deceased’s wishes, and any disentitling conduct.
Will I have to go to court?
Most family provision claims resolve through negotiation or mediation without a court hearing. We prepare every claim as if it will be contested — which is exactly what gets them settled.
Left out of a will? Find out where you stand.
Book your free, confidential consultation today. No pressure, no obligation — just clear advice on your options.