Can a Grandchild Challenge a Will in Queensland?

Can a grandchild challenge a will in Queensland?

Sometimes, but not automatically. A grandchild does not receive an automatic right to challenge a grandparent’s will simply because of the family relationship. Eligibility for a family-provision application is set by the Succession Act 1981 (Qld) and depends on the claimant’s relationship with, and dependency on, the deceased.¹

Who may apply for family provision?

The legislation identifies eligible applicants, including a deceased person’s spouse, child and dependant. A grandchild may be able to apply if they satisfy the statutory definition of dependant—for example, where the deceased wholly or partly maintained or supported them and they fall within the relevant relationship category.¹

The threshold question is eligibility. If eligible, the court then considers whether adequate provision was made for the applicant’s proper maintenance and support, and what order, if any, should be made.

Does disability automatically create a claim?

No. Disability can be highly relevant to needs and proper provision, but it does not by itself establish statutory eligibility. Dependency, the nature of the relationship, the estate’s size, competing claims and the deceased’s circumstances can all matter.

Are children of the deceased different from grandchildren?

Yes. A biological or adopted child is generally within the statutory class of eligible applicants. A grandchild must usually establish the additional circumstances that make them an eligible dependant under the Act.¹

Are there time limits?

Yes. In Queensland, a notice of intention to apply must generally be given within six months of the death, and the application generally must be started within nine months. Courts have limited power to extend time in appropriate circumstances, but delay can create serious difficulty.²

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