How to Contest a Will: Legal Grounds and Process

Have you ever looked around the table after a funeral and wondered whether things were really divided fairly? It’s one of those moments when grief mixes with money, memories, and old promises. Suddenly, a will that was supposed to bring clarity can leave the family in turmoil.

What Are the Grounds for a Claim?

Not every will can be challenged just because someone feels left out. In Queensland, the main grounds usually involve whether the person making the will had capacity, whether they were pressured, or whether the will simply failed to provide proper support for a close family member. The law doesn’t cover hurt feelings alone, but it does step in where genuine unfairness or legal flaws are present.

A Family Home That Sparks a Dispute

One case I often think of involved a family home in Point Vernon. The eldest son had been promised he’d get the house because he’d lived there for years, fixing it up bit by bit. But when the will was read, everything went equally to all three children. The dispute wasn’t really about bricks and mortar—it was about recognition for the work he’d put in. The paperwork can be a minefield, and unless promises are properly documented, the law will only see what’s written.

The Trouble With Informal Promises

Another common story is the “verbal agreement.” I once sat with a woman who swore her dad told her she’d inherit the fishing boat he kept moored near Urangan Pier. She’d even paid for repairs. But without a line in the will, the courts had nothing to go on. In the end, her siblings sold the boat and split the proceeds. Painful? Absolutely. But it shows how quickly good intentions can fall apart when they’re not put in writing.

Outdated Valuations Can Hurt Everyone

Then there are the surprises that come with outdated valuations. Picture a bayside property listed in the will at its 2005 value, long before Hervey Bay prices surged. By the time it was contested, the difference was hundreds of thousands of dollars. That gap created mistrust between siblings, even though no one had tried to mislead. It’s a reminder that failing to keep a will updated can create just as many problems as having no will at all.

The Hidden Cost of Delay

People often wait too long before seeking advice, hoping things will sort themselves out. The law, however, has strict timeframes. Miss the deadline, and you may lose your chance entirely. These situations are tough, and that’s okay. But they don’t get easier if you leave them.

Speaking With Someone Who’s Been There

Our team here in Hervey Bay has seen how these disputes play out in real families. The mix of grief and money is never easy, and there’s no simple fix. But there are clear legal steps, and the earlier you take them, the better.

If you’re sitting with questions about a will—whether it’s about a home on the Esplanade, a boat at the pier, or something more ordinary—talk to us at Your Lawyers Turner Riddell Hervey Bay. A confidential conversation could help you see your options clearly and decide on the path forward.