Can You Contest a Will After Probate Has Been Granted?

When probate has already been granted, a lot of people assume that the will is settled, and it’s too late to do anything other than accept it. But that’s not always true.

In Queensland, contesting a will after probate is granted is entirely possible, you just have a certain window of time to act.

We’ll cover everything you need to know in this blog.

A Quick Introduction

• You can contest a will after probate has been granted in Queensland, but strict time limits apply.
• You must notify the Executor in writing within 6 months of the date of death, and file a Family Provision Application with the Court within 9 months.
• Those deadlines run from the date of death, not from when probate was granted.
• Once the estate has been distributed, contesting a will post-probate becomes significantly harder.
• Eligible claimants include spouses, children (including adult children and stepchildren), and certain dependants under the Succession Act 1981 (Qld).
• If something doesn’t feel right, the most important thing you can do is get advice early.

What Probate Means

Probate is a formal order from the Supreme Court of Queensland. It confirms the will is valid and gives the Executor legal authority to administer the estate, such as collecting assets, paying debts, and eventually distributing what’s left to beneficiaries.

What it doesn’t do is close off the rights of people who feel they’ve been treated unfairly. A grant of probate is an administrative step, not a final word on whether the distribution is fair.

So, Can You Contest a Will Post-Probate?

Yes. The most common way to contest a will post-probate is through a Family Provision Application under the Succession Act 1981 (QLD). This is a claim to the Court asking for greater provision from the estate than the will provides for.

In practice, probate often needs to be granted before a Family Provision Application can be resolved. The Executor needs Court authority to access assets and pay out a successful claim. Contesting a will post-probate isn’t unusual – it’s a normal part of how these matters play out in Queensland.

What You Need to Know about Timeframes

What often catches people out is the timing. Queensland sets two firm deadlines for anyone wanting to contest a will after probate:

• 6 months from the date of death: Written notice to the Executor of your intention to make a claim
• 9 months from the date of death: Family Provision Application filed with the Court

Both run from the date of death, not the date probate was granted. So if you’re reading this and several months have already passed, it’s worth checking where you stand with those deadlines today.

Courts do have limited discretion to extend time in exceptional circumstances, but it’s not something to rely on. The earlier you move, the stronger your position.

What if the Estate has Already Been Distributed?

Executors in Queensland are expected to wait at least 6 months from the date of death before distributing the estate. That buffer exists specifically to protect people who may want to bring a claim.

If an Executor distributes assets before that period has passed and a valid claim is later made, they can be held personally liable.

Once assets have been distributed and the deadlines have passed, contesting a will post-probate becomes significantly harder. It’s not always impossible, but recovering money that has already been transferred or spent is a much more complex exercise. In some cases, it simply isn’t recoverable. That’s why being prepared and acting early is so important.

Who Can Contest a Will?

Not everyone has the legal standing to bring a claim. Under the Succession Act 1981 (QLD), only an eligible person can make a Family Provision Application. That generally includes:

• A spouse: Married, de facto (of at least 2 years), or civil partner; in some cases, a former spouse who was financially dependent on the deceased
• A child: Biological, adopted, or stepchild; adult children are eligible too, there’s no age cut-off
• A dependant: Someone wholly or substantially maintained by the deceased at the time of death

If you’re not sure whether you qualify, that’s a question our will dispute lawyers can help you find the answer to in an initial conversation.

Contesting vs Challenging a Will

These terms get used interchangeably, but they mean different things.

• Contesting a will means you accept the will is valid, but you’re arguing it doesn’t make adequate provision for you. That’s a Family Provision Application, as discussed above.
• Challenging a will means you’re arguing the will itself is invalid – because the deceased lacked mental capacity when they signed it, was under undue influence, or because of fraud or forgery.

If you’re challenging validity, a different process applies. The ideal time to act is before probate is granted, usually by filing a caveat with the Supreme Court. That said, challenges can sometimes be brought after probate, depending on the circumstances. Unlike Family Provision Applications, there’s no fixed 9-month statutory deadline, but delays still work against you.

If you think the will might be invalid as well as unfair, it’s worth getting advice on both angles at once.

What Does a Successful Claim Look Like?

For a Family Provision Application, the Court considers whether the deceased failed to make adequate provision for your proper maintenance and support. It weighs up your financial position, your relationship with the deceased, the size of the estate, any competing claims, and what the deceased’s obligations toward you reasonably were.

There’s no single formula. Every case turns on its own facts.

What most people don’t realise is that the vast majority of these matters never reach a full court hearing. Mediation and negotiation resolve most Family Provision Applications before that point, which is generally faster, less costly, and less stressful than contested proceedings.

At Cairns Wills and Estate Lawyers, 99% of our will disputes settle out of Court.

Want Help with Contesting a Will Post-Probate?

If you’re thinking about contesting a will after probate, or you’re not sure yet but something doesn’t feel right, the most practical step is to get advice before those deadlines get any closer.

A clear conversation with a wills and estate lawyer can tell you whether you’re eligible, whether your claim has merit, and what your realistic options are. You’re also entitled to request a copy of the will – in Queensland, eligible persons have the right to inspect the will of a deceased person under the Succession Act 1981.

If you’d like to understand whether you have grounds to contest a will in Queensland, our team at Cairns Wills and Estate Lawyers offers a no-obligation case assessment.

We work with families across Cairns and North Queensland, and we understand that these aren’t just legal questions, but personal ones.

Get in touch today to talk through where you stand.

This article provides general information only and is not legal advice. For guidance specific to your circumstances, please speak with a qualified wills and estate lawyer.