Many families now live across several states and countries. A mother may retire to the Gold Coast, a father may have spent his last years in Perth, and their children may be in Melbourne, Singapore or Hong Kong. When the will seems unfair, the first question is which state’s law applies, because each state has its own family provision law, its own list of eligible persons and its own deadlines.
The time limits in Queensland, Western Australia and South Australia are much shorter than in New South Wales.
This is a general guide to contesting a will in Queensland, Western Australia and South Australia (as at October 2026).
Queensland: Succession Act 1981
In Queensland, claims are made under section 41 of the Succession Act 1981 (Qld), which lets the court order provision for a spouse, child or dependant who was not adequately provided for.
Who is eligible
- Spouse: includes a husband, wife, civil partner or de facto partner (generally of at least two years). A former spouse or civil partner can also claim if they were receiving, or entitled to receive, maintenance from the deceased at the date of death.
- Child: includes a stepchild, an adopted child and a child born outside marriage.
- Dependant: a person who was wholly or substantially maintained or supported by the deceased at the date of death (other than for payment) and who is a parent of the deceased, the parent of a surviving child of the deceased who is under 18, or a person under 18.
Time limits
Two deadlines matter. Written notice of the intended claim should be given to the executor or administrator within 6 months of the death. An executor who distributes after 6 months without notice of a claim is protected, so late notice may leave little to claim against. Court proceedings must then be started within 9 months of the death, unless the court extends time.
Western Australia: Family Provision Act 1972
In Western Australia, claims are made under the Family Provision Act 1972 (WA).
Who is eligible
- a spouse or de facto partner of the deceased at the time of death;
- a former spouse or former de facto partner who was receiving, or entitled to receive, maintenance from the deceased at the time of death;
- a child of the deceased (including a child born within 10 months after the death);
- a grandchild who was being maintained, wholly or partly, by the deceased immediately before death, or whose parent (the deceased’s child) died before the deceased;
- a stepchild who was being maintained, or was entitled to be maintained, by the deceased immediately before death;
- a stepchild whose parent’s estate passed to the deceased, where the property the deceased received from that estate was worth more than a prescribed amount;
- a parent of the deceased.
The stepchild categories, added in 2011, apply only to later deaths.
Time limit
The application must be made within 6 months from the date the administrator became entitled to administer the estate in Western Australia, which in most cases is the date of the grant of probate or letters of administration. The court can give leave to file out of time, but leave is not guaranteed.
South Australia: the new Succession Act 2023
South Australia’s law changed recently. From 1 January 2025, the Succession Act 2023 (SA) replaced the Inheritance (Family Provision) Act 1972 (SA), which was repealed. Proceedings started before that date continue under the old law.
Who is eligible
Under section 115 of the Succession Act 2023 (SA), the following may claim:
- the spouse or domestic partner of the deceased;
- a former spouse or former domestic partner, unless a valid financial agreement under the Family Law Act 1975 (Cth) was in force at the time of death;
- a child of the deceased;
- a stepchild who is vulnerable because of disability, who was dependent on the deceased, who cared for the deceased, or where the stepchild or their parent contributed to the estate;
- a stepchild under 18 who was being maintained, wholly or partly, by the deceased at the time of death;
- a grandchild whose parent died before the deceased, or who was being maintained, wholly or partly, by the deceased at the time of death;
- a parent who cared for or maintained the deceased, or who was being maintained by the deceased at the time of death;
- a sibling who cared for or maintained the deceased before death or before the deceased entered residential care.
The reforms aim to limit claims to family members who can show genuine need, and the court gives particular weight to the deceased’s wishes.
Time limit
The application must be made within 6 months after the grant of probate or letters of administration. The court can extend the time in some circumstances, but generally not once the estate has been fully distributed.
Comparison at a glance
- Queensland: Succession Act 1981 (Qld). Spouse (including qualifying de facto and dependent former spouse), child (including stepchild) and certain dependants. Notice within 6 months of death; proceedings within 9 months of death.
- Western Australia: Family Provision Act 1972 (WA). Spouse or de facto partner, maintained former partner, child, certain grandchildren, certain stepchildren and parent. Within 6 months from the date the administrator became entitled to administer (usually the grant).
- South Australia: Succession Act 2023 (SA), from 1 January 2025. Spouse or domestic partner, former partner (subject to financial agreements), child, and stepchildren, grandchildren, parents and siblings who meet specific conditions. Within 6 months after the grant.
- For comparison, NSW: within 12 months after the date of death.
When more than one state, or country, is involved
As a general rule, land is governed by the law of the place where it is located, and other assets by the law of the deceased’s domicile. Consider a hypothetical father who lived in Perth and owned an investment unit in Brisbane. A claim over the Brisbane unit would generally fall under Queensland law, and the rest under Western Australian law, each with its own deadline and eligibility test.
Assets in Malaysia, Singapore, Hong Kong or mainland China are generally dealt with under local law, so advice from lawyers there is needed. Claimants living overseas are not excluded, but need properly witnessed evidence and translations.
Practical steps
- Work out where the deceased lived, where each asset is, which state’s law applies, and diarise every deadline. In Queensland, count from the date of death; in WA and SA, check the date of the grant.
- In Queensland, give written notice within 6 months of death.
- Check which category you fall into; stepchildren, grandchildren, parents and siblings face conditions.
- Get an early assessment of merits and costs, and consider mediation.
Frequently asked questions
How long do I have to contest a will in Queensland?
Give the executor written notice of your intended claim within 6 months of the death, and start proceedings within 9 months of the death. The court can extend time, but this is discretionary.
Can a stepchild contest a will in WA?
Yes, in two situations: where the deceased was maintaining, or obliged to maintain, the stepchild immediately before death, or where the deceased received property above a prescribed value from the stepchild’s parent’s estate.
Who can contest a will in SA?
Spouses, domestic partners and children can claim, as can former partners, stepchildren, grandchildren, parents and siblings who meet specific conditions. The claim must generally be made within 6 months after the grant.
Can a brother or sister contest a will?
Only South Australia lists siblings, and only where the sibling cared for or maintained the deceased. Siblings are not a separate category in Queensland or Western Australia, although in Queensland a brother or sister under 18 who was maintained by the deceased may qualify as a dependant.
How Chua Tan Associates can help
Chua Tan Associates assists families across Australia and overseas with estate disputes where the deceased, the claimants or the assets are in different states or countries. We work with local lawyers in Queensland, Western Australia, South Australia and overseas, and our notary public can help with documents that need to be signed or certified for use abroad. Justin Chua is a Nationally Accredited Mediator and Family Dispute Resolution Practitioner, and we help families prepare for mediation so that a fair outcome can be reached without a long court case. We advise in English, Mandarin and Cantonese.
Related reading
Chua Tan Associates acts for families, executors, trustees and their professional advisers in estate planning, estate administration and estate disputes in Australia and across borders. To arrange a confidential consultation, please contact our Melbourne office on +61 3 9602 3988 or submit an enquiry. Advice is available in English, Mandarin and Cantonese.
Justin Chua (蔡智勋), lawyer and mediator, Chua Tan Associates, Melbourne. General information only, not legal or tax advice.
简体中文 
English (Australia) 
繁體中文