How to Stop Someone Contesting Your Will in Australia

If you are planning to leave a family member less than they expect, or nothing at all, you have probably wondered how to stop someone contesting a will in Australia. The honest answer is that no will can completely prevent a challenge. Every state gives certain family members a legal right to ask the court for more, and you cannot sign that right away on their behalf.

What you can do is make a claim far less likely to be brought, and far less likely to succeed if it is. The steps below focus on Queensland, where claims are governed by the Succession Act 1981 (Qld). The core principles apply across Australia, but the detail differs from state to state, and those differences matter when you are deciding how to structure your estate.

Why You Can't Simply Stop Someone Contesting a Will in Australia

A will can be contested in two ways. The first is a validity challenge, which argues the document is not a valid will at all, usually because of lack of mental capacity, undue influence or a problem with how it was signed. The second, and far more common, is a family provision claim, which accepts the will is valid but argues it does not make adequate provision for the claimant.

In Queensland, sections 40 and 41 of the Succession Act allow three groups to bring a family provision claim:

• Your spouse: including a de facto partner of at least two years and, in some cases, a former spouse you were still supporting.
• Your children: biological, adopted and stepchildren, of any age. A stepchild generally stops being eligible if you and their parent divorce or separate.
• Your dependants: a parent, the parent of your child under 18, or anyone under 18, who was wholly or substantially supported by you when you died.

Claims must generally be started within nine months of death, although the court can allow a late claim. The test is not whether your will is fair or equal. It is whether you left adequate provision for the claimant's proper maintenance and support, judged against their needs, their relationship with you, the size of your estate and the competing claims of others. If someone in one of these groups is likely to be unhappy, every step below is about making that test hard to satisfy. For the claimant's side of the process, see our guide to contesting a will in Queensland.

Step 1: Make Adequate Provision, Even If It Isn't Equal

The single most effective way to stop a successful claim is to leave each eligible person enough that a court would not see a need to intervene. Courts in Queensland apply a two-stage test: was the provision inadequate, and if so, what should be ordered? Satisfy the first stage and the claim fails.

Adequate does not mean equal. A financially secure adult child who rarely saw you may need very little. A child with a disability, a spouse with limited income or a dependant still in school will need much more. Leaving a token gift, such as $1 or a watch, rarely helps. It signals that the person was considered, but it does nothing to meet their needs, and it is often the first exhibit in a claim.

Think about who is realistically likely to claim, what their financial position looks like now and is likely to look like when you die, and whether your will addresses it. That is a conversation worth having with an experienced wills and estates lawyer on the Gold Coast before the will is signed, not after.

Step 2: Write a Clear Statement of Reasons

If you are leaving someone less, explain why in a signed, dated statement kept with your will. Queensland courts can take a will-maker's reasons into account, and the Act expressly allows the court to refuse an order where a claimant's character or conduct disentitles them to provision (section 41(2)(c)).

A good statement of reasons is factual and specific. It records things like substantial gifts or loans already given, a child's independent wealth, a long estrangement and who caused it, or the extra care another family member provided. It should be calm and accurate, because the court will test it against the evidence.

Know its limits, though. A statement of reasons is evidence, not a veto. If your reasons are wrong, outdated or rooted in a misunderstanding, they can carry little weight. Estrangement alone does not automatically defeat an adult child's claim, particularly where that child is in genuine financial need.

Step 3: Protect Against Capacity and Undue Influence Claims

Validity challenges usually attack the circumstances in which the will was made. You can close most of those doors at the signing stage:

• Use a lawyer: a solicitor's detailed file notes about your instructions and your understanding are powerful evidence years later.
• Get a medical assessment if there is any doubt: if you are elderly, unwell or recently diagnosed with a cognitive condition, a doctor's report on capacity made close to signing is invaluable.
• Give instructions alone: beneficiaries should not attend the appointment, drive the process or hold the draft.
• Sign it properly: sign in front of two witnesses present at the same time. Choosing independent witnesses who are not beneficiaries, or related to one, avoids later arguments about whether a gift is valid or the will was freely made.

Step 4: Use a Testamentary Trust Where an Outright Gift Would Fail

Sometimes the concern is not that a person deserves nothing, but that handing them a lump sum would be wasted, lost to creditors or absorbed in a relationship breakdown. A testamentary trust lets you make real provision for that person while a trustee controls how and when the money is used.

Be clear about what a testamentary trust does and does not do. It does not block a family provision claim. What it can do is make the provision in your will more defensible, because a court is more likely to accept that a protected, ongoing benefit is adequate for a vulnerable or financially reckless beneficiary than a bare token gift.

Step 5: Structure Assets That Sit Outside Your Estate

This is where Queensland differs most from New South Wales. In NSW, the court can treat certain assets outside the estate as "notional estate" and claw them back to pay a claim. Queensland has no notional estate regime. A family provision order here can only be paid out of your estate, which means assets that never become part of it are generally out of reach. Options include:

• Superannuation: super does not automatically form part of your estate. A valid binding death benefit nomination directs your fund to pay eligible beneficiaries directly. Moneysmart explains how binding nominations work, including that lapsing nominations must be renewed every three years. If you nominate your estate instead, the money becomes claimable.
• Joint tenancy: property held as joint tenants passes automatically to the surviving owner and does not form part of your estate.
• Family trusts and companies: assets owned by a discretionary trust are not yours personally. Control passes through the trust deed (for example, the appointor role), not through your will.
• Lifetime gifts: assets you give away during your lifetime are generally gone from your estate. The exception is a gift made in contemplation of death, which the Act treats as part of the estate (section 41(12)).

Each of these has trade-offs. Lifetime gifts mean losing control and can affect pension and aged care entitlements. Joint tenancy can backfire in a blended family. A lapsed super nomination can leave the decision with the fund trustee. Structuring should be done as part of a full estate plan, not as a last-minute workaround.

Step 6: Keep Your Will Current and Talk to Your Family

Many claims are driven by surprise. A child who learns at the reading of the will that they have been left out is far more likely to fight than one who heard the reasons from you years earlier. Where it is safe and appropriate, explaining your plan can take the heat out of a future dispute.

Review your will after any major change: marriage, separation, a new partner, the birth of a grandchild, a significant change in a child's circumstances, or the sale of a major asset. A will that matched your family ten years ago may now leave an eligible person with a strong claim.

What Won't Stop a Will Being Contested

• No-contest clauses: a clause saying a beneficiary loses their gift if they challenge the will cannot remove the court's power to hear a family provision claim. At best it is a deterrent. At worst it is unenforceable.
• Family agreements not to claim: Queensland has no court-approved process for releasing family provision rights, and the High Court held in Lieberman v Morris that a promise not to apply does not bar a claim.
• Silence: cutting someone out without explanation leaves the court to fill the gap with the claimant's version of events.

Frequently Asked Questions

Can I disinherit an adult child in Queensland?

You can leave an adult child out of your will, but you cannot stop them applying for provision. The court will look at their financial needs, your relationship, any disentitling conduct and the size of your estate. A clear statement of reasons and sensible structuring give you the best chance of your wishes standing.

Can grandchildren contest a will in Queensland?

Generally not. A grandchild can only bring a family provision claim as a dependant, meaning they were under 18 and wholly or substantially supported by you when you died. Adult grandchildren are not eligible.

Can a sibling contest a will in Queensland?

Siblings cannot bring a family provision claim in Queensland. A sibling may still challenge the validity of a will if they would benefit under an earlier will or under the intestacy rules, which is why capacity and execution safeguards still matter.

How long does someone have to contest a will in Queensland?

A family provision claim must be started within nine months of death. If written notice of an intended claim is not given within six months, the executor can generally distribute the estate without personal liability. The court can allow a late claim, but this is not guaranteed. The Queensland Law Handbook sets out the time limits in more detail.

Who pays the legal costs when a will is contested?

Costs are at the court's discretion. In family provision matters, the estate often bears some or all of the costs, which reduces what your chosen beneficiaries receive. Unsuccessful or unreasonable claimants can be ordered to pay costs, which is one reason well-documented estate plans tend to discourage weak claims.

Does a testamentary trust stop a family provision claim?

No. A testamentary trust does not prevent an eligible person from applying. It can, however, make the provision you have left more likely to be considered adequate, particularly for a vulnerable beneficiary.

Next Steps: Protect Your Wishes Before It's Too Late

You cannot make your will contest-proof, but you can make it contest-resistant. That means leaving adequate provision, documenting your reasons, signing in circumstances no one can question, and structuring assets with Queensland's rules in mind. The earlier you plan, the more options you have.

OMB Solicitors has helped Gold Coast families with wills, estate planning and estate disputes since 1968, so we see first-hand which estate plans hold up and which do not. If you are worried a family member may challenge your will, speak with our Gold Coast wills and estates team or contact us to book a consultation.

This article is general information only and is not legal advice. Family provision law differs between Australian states and territories. Speak to a lawyer about your circumstances.