Family Provision Applications in Queensland: What Executors Need to Know to Protect the Estate
Are you administering an estate and worried someone may contest the Will?
Or have you been handling the estate informally and now received a Family Provision Application (FPA)?
If you're an Executor — especially in Brisbane, the Sunshine Coast, or wider Queensland — understanding your rights, risks, and obligations in an FPA is critical. Delaying legal advice can jeopardise the estate and expose you personally to liability.
What Is a Family Provision Application?
A Family Provision Application (FPA) is a legal claim made by someone who believes they were unfairly left out of a Will or didn’t receive a sufficient share of the deceased’s estate.
Under the Succession Act 1981 (Qld), certain eligible applicants — including spouses, de facto partners, children (including adult and stepchildren), and dependants — can apply to the Supreme Court of Queensland for further provision from the estate.
Who Can Apply?
The most common claimants include:
Children of the deceased (including estranged or adult children)
Former spouses or de facto partners
Stepchildren or informal carers
People financially dependent on the deceased
Even if the deceased left a valid Will, these claims can still succeed — often to the surprise of Executors and beneficiaries.
Time Limits Executors Must Know
Family Provision Applications must be:
Notified within 6 months of the date of death, and
Filed in court within 9 months of the date of death
But if you’ve already distributed some or all of the estate — without legal advice — you could be personally liable if a claim arises after distribution.
Risk for Executors Who’ve Been Administering the Estate Themselves
If you’ve been self-administering an estate — without formal legal advice or a proper notice to claimants — you may have:
Distributed assets too early
Missed key statutory notices
Engaged with potential claimants in a way that now increases risk
If a Family Provision claim is made, the Supreme Court may pause further distribution and even reclaim assets already distributed — and the costs of defending the claim are usually paid from the estate.
What Executors Should Do Immediately
Don’t ignore or delay if you receive a notice or informal threat of a claim
Seek legal advice immediately if someone flagged dissatisfaction before death
Avoid further distributions once a claim is threatened or made
Preserve estate records (asset lists, communications, financials)
Consider applying for court directions if the situation becomes contentious
Why Executors Choose Gullickson Lawyers
At Gullickson Lawyers, we regularly advise Executors and estate administrators who:
Are facing Family Provision Applications
Have already distributed some estate assets
Need urgent legal protection to avoid personal liability
Want strong representation in Brisbane, the Sunshine Coast, and Queensland
We provide clear, decisive advice backed by experience in both estate planning and estate disputes — ensuring you're protected and the estate is preserved as much as possible.
Protect the Estate — Speak With an Estate Litigation Lawyer Today
If you’re an Executor and a Family Provision Application has been made — or you think one is coming — contact Gullickson Lawyers immediately.
We’ll assess your risk, advise you on next steps, and protect you from personal exposure. Don't wait until it’s too late.
Brisbane: 07 3397 9922
Caloundra: 07 5222 4039
www.gullicksonlawyers.com.au