29 May 2025

The Vicca Law Podcast

Season 2 Ep 14 Family Provision Applications in Queensland

This episode of The Vicca Law Podcast continues the May series on estate disputes, focusing on Family Provision Applications (FPA) in Queensland under the Succession Act 1981 (Qld). Family Provision Applications allow certain eligible individuals—such as spouses, children, and financial dependants—to contest a will if they believe they have not been adequately provided for. The episode explains who can make a claim, the strict timeframes for notification and filing (six months and nine months from death, respectively), and the key factors courts consider when deciding whether to vary the terms of a will, including the applicant’s relationship with the deceased, financial circumstances, size of the estate, and competing claims. It also highlights common misconceptions, such as whether someone can legally agree not to contest a will (they cannot), and why legal advice is crucial for those considering unequal distributions in their estate planning. The discussion addresses the challenges faced in blended family dynamics, the impact of estrangement, and why a DIY will may not adequately protect against the risk of a claim.  

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