Skip to content
Bennett Carroll Solicitors- Legal Problem Solvers- Queensland Lawyers - Header Logo
  • Home
  • About Us
    • About Us
    • Meet the Team
  • Practice Areas
    • Commercial & Business
      • Commercial & Business Law
      • Business Partnership Disputes
      • Building & Construction Law
    • Family Law
      • Family Law
      • Family Law Involving Business
    • Wills + Estates
      • Wills + Estates Overview
      • Wills + Planning
      • Managing an Estate
      • Will + Estate Disputes
    • Conveyancing
      • Conveyancing + Property Law
      • Real Estate Agents
    • Criminal + Litigation
      • Litigation
      • Criminal + Traffic Law
  • Resources
    • Advice + Articles
    • Free Legal Health Check
    • Toolkits & Guides
    • Help Choosing a Law Firm
    • 10 Awkward Questions
  • Contact Us
  • Home
  • About Us
    • About Us
    • Meet the Team
  • Practice Areas
    • Commercial & Business
      • Commercial & Business Law
      • Business Partnership Disputes
      • Building & Construction Law
    • Family Law
      • Family Law
      • Family Law Involving Business
    • Wills + Estates
      • Wills + Estates Overview
      • Wills + Planning
      • Managing an Estate
      • Will + Estate Disputes
    • Conveyancing
      • Conveyancing + Property Law
      • Real Estate Agents
    • Criminal + Litigation
      • Litigation
      • Criminal + Traffic Law
  • Resources
    • Advice + Articles
    • Free Legal Health Check
    • Toolkits & Guides
    • Help Choosing a Law Firm
    • 10 Awkward Questions
  • Contact Us
Advice & Articles

How do I contest a Will or Contest an Estate? – Estate Dispute

  • Published: 3 December 2021
  • Last Updated: 24 August 2023
There are three ways to contest a Will:-

 

1.             The Will was not executed properly. 

 

Recently, Parliament has lowered the bar on what constitutes an enforceable Will.  Previously, there was a very rigid process and very strict requirements for how a Will was to appear, who could sign it, who could witness it, and how these signatures were to be attached.  Now, this is somewhat more relaxed and a document merely needs to show “testamentary intention”, that is, the document needs to show that the person who signed it (the testator) intended it to be a set of rules for distributing assets upon death.  If this is the case, the Court will often overlook non-compliance with format and execution.  Recently, the Queensland Supreme Court approved a suicide note as a Will, despite that fact that it had no witness signatures, and was not in any recognised format.  The Court ruled that the suicide note showed testamentary intention, and could be considered a set of directions for distributing assets.

 

2.             Lack of testamentary capacity

 

Simply, the testator did not have enough “marbles” to understand what he or she was doing when the document was signed.  These days, with strong medication and medical treatment prolonging the life (but not necessarily the quality of life) for people, Wills are being signed in circumstances where the mental capacity of the testator can be challenged.  Illness, medication and other variables, can all rob someone of the capacity to make rational decisions.  The question of whether this impairment is sufficient to prevent someone from understanding the nature and effect of a Will is a difficult and medically based question.  Expert evidence from the treating doctor, or other experts, will be required to show that it is likely that the person who signed the Will did not understand its nature and effect.

See more on this here. 

 

3.              Application for a provision (previously called testator’s family maintenance). 

This, far more complex process will be covered further in the blogs below:

The Importance of Family Provision Applications- Will & Estate Dispute

and

Left out of the will? Family provision applications explained – Will Disputes

 

See Also

What can beneficiaries do when executors are misbehaving?Will and Estate Dispute

or

Will & Estate Disputes with Bennett Carroll Solicitors 

Will & Estate Disputes- Ways to Dispute a will lawyer

Related Articles

Debt recovery in Queensland can be complex, especially when a client or customer refuses to pay. If repeated reminders haven’t worked, your next step may be a letter of demand or court proceedings. Choosing the right pathway early can save your business time, legal costs, and frustration. This article explains how Queensland debt recovery works, when to send a formal demand letter, when to escalate to litigation, and how the Queensland court system handles debt disputes. We’ll guide you through timeframes, costs, enforcement options, and the practical steps to protect your cash flow. For tailored advice or urgent matters, contact Bennett Carroll Solicitors. Our experienced team can help you recover what you're owed quickly and strategically.

Queensland Debt Recovery: When to Send a Letter of Demand vs Going to Court

FAQs – Most Common Mediation Questions

Examples of Executor Misconduct in Queensland: What Beneficiaries Can Do

Discover comprehensive debt recovery solutions for Queensland businesses with Bennett Carroll Solicitors. Our guide explains legal options for unpaid invoices, disputed debts, and cash flow protection for QLD SMEs. Learn about negotiation, Letters of Demand, QCAT and court proceedings, and enforcement actions like garnishee orders and asset seizure. We offer Queensland-wide support, including Brisbane, Gold Coast, Sunshine Coast offices, and flexible service via phone, video, or in-person consultations. Protect your business and recover debts efficiently with expert commercial law advice tailored to your needs.

Debt Recovery Solutions for Queensland Businesses: Legal Options and Strategies

Stepchildren and Superannuation: What You Need to Know About Blended Families and Inheritance in Australia

What to Expect When You Are… the Executor of an Estate in Queensland

This information is provided for general informational purposes only and does not constitute specific or personal legal advice. Please consult with a qualified member of our team for advice regarding your specific situation.

PrevPreviousWhy Free Will Kits in QLD Are Risky: Avoid DIY Wills and Protect Your Estate
NextExamples of Executor Misconduct in Queensland: What Beneficiaries Can DoNext
Serving Clients Across Queensland
Bennett Carroll Solicitors is a proud member of the Queensland Law Society (QLS)

Practice areas

  • Commercial + Business
  • Litigation
  • Family Law
  • Wills + Estates
  • Conveyancing
  • Building + Construction Law
  • Criminal + Traffic

learn more

  • About Us
  • Meet the Team
  • Advice + Articles
  • Contact Us
  • LinkedIn
  • Instagram
  • Facebook

Our Office Locations in SEQ - click to view

  • Brisbane North - Stafford
  • Brisbane South - Upper Mount Gravatt
  • Sunshine Coast - Kawana Waters
  • Gold Coast - Mermaid Beach
  • Ipswich- By Appointment Only
  • Brisbane Central- By Appointment Only

Get In Touch

  • 1300 334 566
  • Click to Email
  • 8.30am - 5pm Monday - Friday
  • Chat With Us (Bottom of this page)
  • Bennett Carroll Solicitors
  • 1300 334 566
Copyright 2025 © Bennett Carroll Solicitors | All rights reserved | Privacy Policy