A family provision claim is a legal action brought by someone looking for a share of a person’s deceased estate, when they believe they have not been adequately provided for.

Contesting a Will in Queensland

There is no way to stop someone from contesting a Will or making a family provision claim in Queensland.

Anyone looking to make a family provision claim must prove:

• The deceased person had a moral responsibility to make provision for them.
• They have financial needs not being met under the existing Will.

If a claim ends up in court, the court’s primary question will be what a “reasonably minded testator” would have done in the same circumstances. Any claim will also be weighed against the entitlements of other claimants or beneficiaries.

Preventing Family Provision Claims

While you cannot stop someone from making a claim, you can approach your estate planning in a way that minimises the chances of disputes.

Provide Adequate Provisions

It’s important to make adequate provision for anyone with a valid claim, including:

• Spouses or partners.
• Children or stepchildren.
• Anyone else being supported by the person prior to their death.

Make a clear, comprehensive note behind each bequest in the Will, so that anyone mentioned will understand why that particular amount or gift has been left to them.

Structure Your Assets

Joint Ownership

Ensure major assets and bank accounts are jointly owned with the chosen beneficiary. This allows property and funds to pass directly to the surviving person.

Binding Death Benefit Nominations

Create a binding death benefit nomination to give one person any life insurance or superannuation payouts. These funds are given directly to the beneficiary and are not included as part of the deceased estate.

Lifetime Gifts

Consider giving gifts to family, friends, and charities during your lifetime. Be mindful of potential tax liabilities and effects on income support benefits. Consult a financial advisor before taking this step.

Family Trusts

Use a family trust to remove assets from your estate. You can maintain control of the assets by acting as a trustee of the trust. Seek financial advice before creating a family trust due to potential financial implications.

Timeframes for Family Provision Claims in Queensland

Claimants need to:

• Inform the executor of the estate within six months of the person’s death.
• Lodge a family provision claim within nine months of the person’s death, unless the court grants special permission.

Late applications are unlikely to be granted unless there are compelling reasons.

Planning for Succession

The death of a loved one is an emotional time. If you’re preparing your succession plans, the last thing you want is for your family to fight over your assets.

The team at GLG Legal understand the complexities of succession law, making a Will, and Family Provision Claims. Make an appointment to see one of our experts today.

Contact us at:
Phone: (07) 3161 9555
Email: info@glglegal.com.au