Written by: Yolandi Breedt
If you’re thinking about contesting or challenging a Will in Queensland, gathering the right evidence early is essential. A successful Will dispute relies heavily on factual material that supports your legal grounds.
This guide outlines the key types of evidence you may need, depending on the nature of your claim.
Keep reading to find out what evidence you’ll need to collect to dispute a Will, make a Family Provision Claim or challenge a Will’s validity.
Evidence Required for Will Disputes
1. Written Evidence
Written evidence includes any documents, physical or digital, that help establish relevant facts. These form the foundation of a successful application.
Examples of Written Evidence:
- Affidavits from the applicant, relatives, friends, carers, or treating doctors
- The deceased’s personal writings, such as diary or journal entries
- Emails, texts, or handwritten notes between the deceased and others
- File notes and client records maintained by the solicitor who prepared the Will
- Aged care or nursing notes detailing the deceased’s health or decision-making
2. Physical Evidence
Physical evidence refers to tangible items that the Court can inspect. These items may help demonstrate capacity, intention, or relationships.
Examples of Physical Evidence:
- Original Wills, codicils, or informal testamentary documents
- Handwritten notes found among the deceased’s belongings
- Greeting cards or personal letters showing affection or support
- Voicemail recordings stored on physical devices
3. Testimonial Evidence
Testimonial evidence is oral evidence given by witnesses under oath, often in court or by affidavit. It is especially important in disputes involving capacity, influence, or promises.
Examples of Testimonial Evidence:
- Neighbours or carers discussing the deceased’s day-to-day functioning
- Friends or family recounting relevant conversations or promises
- Doctors commenting on the deceased’s cognition or vulnerability
- Bank staff or service providers describing suspicious instructions or behaviour
4. Medical Records
Medical records are often critical in cases involving testamentary capacity or undue influence. These records help assess the deceased’s mental and physical condition near the time the Will was signed.
Examples include:
- Hospital admission summaries
- GP consultation notes
- Specialist reports and referrals
- Radiology or pathology results
- Medication charts from hospitals or aged care facilities
Evidence Required for Family Provision Claims
A Family Provision Application (FPA) is brought by someone who believes the deceased’s Will (or intestacy) has failed to make adequate provision for their proper maintenance and support.
If you live in Queensland, you are eligible to apply for an FPA if you are the deceased’s:
- Spouse or de facto partner
- Biological or adopted children
- Stepchildren
- Certain dependant (Under 18, a parent of the deceased, or the other parent of the deceased’s minor child, who were financially dependent on the deceased)
Supporting evidence may include
Relationship evidence
- Marriage certificate
- De facto relationship registration
- DNA evidence if paternity is in dispute
Dependency evidence
Financial records showing the deceased paid for:
- Housing
- School fees
- Groceries
- Other support
Financial need
A statement of:
- Assets and liabilities
- Income
- Ongoing expenses (e.g. medical costs, rental hardship)
Evidence Required to Challenge the Validity of a Will
A person with a sufficient interest in the estate may challenge a Will on grounds such as:
- Lack of testamentary capacity
- Undue influence
- Fraud or forgery
- Improper execution
Each of these claims requires targeted evidence.
1. Lack of Testamentary Capacity
- Medical records close to the date of signing the Will
- Affidavits from the drafting solicitor, carers, or family members
- Expert retrospective opinion (e.g. from a psychiatrist or geriatrician)
2. Undue Influence
- Evidence showing isolation or dependence (e.g. limited visitors, exclusive carers)
- Financial transactions benefiting the alleged influencer
- Witness statements describing pressure, threats, or coercion
3. Fraud or Forgery
- Handwriting expert reports
- Chain-of-custody documentation for the Will
- Evidence of transactions inconsistent with the deceased’s known wishes
4. Improper Execution
- Affidavits from the attesting witnesses
- The original Will showing missing signatures or initials
- Any photos or videos of the signing process (if available)
Speak to an Estate Dispute Lawyer Early
Contesting a Will is a complex and evidence-heavy process. The earlier you begin collecting relevant documents, the stronger your case will be. An experienced succession lawyer can:
- Identify which evidence will carry the most weight in your circumstances
- Assist in preserving key materials (especially originals)
- Represent you in negotiations or mediation to resolve matters without court proceedings
If you suspect you have grounds to challenge a will or seek further provision, seek legal advice promptly. Strict time limits apply in Queensland (generally six months to give notice for a family provision claim and nine months to file in Court), and key evidence can disappear quickly.
Early, organised collection of the right evidence is your best asset in securing a fair outcome.
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 Wills & Estates Team
