Written by: Yolandi Breedt [Updated 02/10/2025]
If you’ve recently discovered someone close to you has left you a smaller share of their Will than you expected, it may feel like you have been left an unfair inheritance.
If you’re facing this, you’re not alone. The good news is: Queensland law gives certain people the right to challenge unfair distributions through what’s called a Family Provision Claim.
What Does “Unfair Inheritance” Mean?
Unfair inheritance isn’t a legal term but a way of describing estate distributions that leave family members feeling excluded or undervalued. This can happen when:
- A spouse, child or dependant is left out entirely;
- One child receives far more than others;
- A new partner receives most of the estate, leaving children with very little;
- A carer or dependant is overlooked, despite years of support.
The key idea is that the Will doesn’t match what feels reasonable, given the relationships and circumstances involved.
Common Examples of Unfair Inheritance
Unequal Treatment Between Siblings
One child inherits the family home, while another receives only a small sum of money. Without clear explanation, this can cause long-lasting conflict.
Recognising a Caregiver Over Others
Sometimes a parent leaves a greater share to the child who cared for them in their later years. While well-intentioned, this can feel unfair to siblings who were equally present.
Lifetime Gifts Taken into Account
Parents who gave one child significant financial support while alive may reduce that child’s share in their Will to “even things up.” This can leave that child feeling punished.
Stepchildren vs Biological Children
Blended families often create complex inheritances. A new spouse or stepchild may receive preference, leaving others feeling excluded.
Ignoring Dependants in Need
A family member with health issues, disability, or financial hardship may receive little or no support, despite clear need.
What the Law Says in Queensland
In Queensland, a Will-maker has freedom of testation to decide who gets what. But this freedom isn’t absolute.
Under the Succession Act 1981 (Qld), spouses, children (including stepchildren and adopted children) and dependants can make a claim if they feel they haven’t received “adequate and proper provision” for their support.
This is called a Family Provision claim, and it allows the court to adjust the distribution of the estate in appropriate circumstances.
It is important to note that family provision applications are not about whether a Will is “fair” in the everyday sense of the word. The law does not seek to rewrite a person’s final wishes simply because someone feels they have been treated unjustly. Instead, the court’s role is limited to deciding whether adequate and proper provision has been made for the proper maintenance and support of an eligible person.
In other words, the focus is on need and legal entitlement, not on balancing inheritances or correcting perceived unfairness.
When Unfair Inheritance Becomes a Legal Issue
You may have grounds to act if:
- You were left out of the Will but were financially dependant on the deceased;
- You received much less than your siblings, despite being in a worse financial position;
- You are struggling financially, and the Will leaves you unable to maintain yourself;
In one Queensland case, a child who had cared extensively for a parent was left with less than a sibling who had been less involved. The court recognised this imbalance and adjusted the inheritance, ensuring a fairer outcome.
Time Limits to Be Aware Of
Strict deadlines apply in Queensland:
- Family Provision claims – You must notify the executors of your claim within 6 months of the death, and file court proceedings within 9 months of the death.
If you miss these deadlines, you could lose the right to pursue your claim.
How Unfair Inheritance Disputes Are Resolved
- Most disputes settle well before they proceed to court. They are resolved through:
- Negotiation – discussions between parties, often led by lawyers;
- Mediation – a structured process where an independent mediator helps reach agreement;
- Trial– as a last resort, a judge decides what is fair based on factors such as your relationship with the deceased, your financial circumstances, and the size of the estate.
We Can Help You Take Action
Concerns about cost can hold people back from challenging a Will. At Greenhalgh Pickard, we:
- Seek to resolve matters quickly and cost-effectively;
- Aim to protect the estate so legal fees don’t erode it unnecessarily;
- Offer no win, no fee arrangements in some Family Provision cases.
This way, you can pursue fairness without taking on all the financial risk.
Disclaimer:
The information contained in this article is for general informational purposes only and is not intended to provide legal advice or substitute for the advice of a professional. This information does not consider your personal circumstances and may not reflect the most current legal developments. Should you need advice, please contact our firm for targeted information relating to personal your situation.
Greenhalgh Pickard’s Estate Litigation Team
