Written by: Yolandi Breedt
It’s not uncommon for parents to leave unequal inheritances. But when you discover that your parent has left their entire estate to one sibling, it can feel devastating. Alongside grief, you may feel anger, confusion and betrayal, especially if you contributed to their care or had a close relationship with them.
In Queensland, the law provides a pathway to challenge unfair wills through what’s called a Family Provision claim.
Here’s what you need to know if you’ve been left out entirely.
Why Would a Parent Leave Everything to One Child?
Parents don’t always divide their estate equally between children. Some common reasons include:
Rewarding caregiving
They may leave everything to the child who lived with them or provided day-to-day support.
Assuming financial security
A parent may think one child “doesn’t need” an inheritance because they’re financially stable.
Previous financial help
Lifetime gifts such as paying for a house deposit or business loan might be seen as your “share.”
New relationships
Blended families often complicate inheritance. A stepchild or new partner may be favoured over biological children.
Do You Have Legal Options?
Yes. Under the Succession Act 1981 (Qld), you may be able to challenge the Will if you are:
- A spouse (including de facto or registered partners);
- A child (including adopted or stepchildren);
- A dependent (someone wholly or substantially supported by the deceased).
This is known as a Family Provision Claim, and it allows you to apply to the court to set aside a bigger share of the estate for you.
Time Limits Are Critical
If you want to challenge the Will, you need to act quickly:
- You must notify the executor of your claim in writing within 6 months of your parent’s death.
- You must file court proceedings within 9 months of the date of death.
If you miss these deadlines, you may lose the right to claim forever.
What the Court Considers
When deciding whether you should receive a share of the estate, the court looks at:
- The size of the estate;
- Your financial circumstances, medical needs and future needs;
- The relationship you had with your parent;
- Contributions you made to their welfare or estate (e.g. unpaid care or financial support);
- The competing claims of other beneficiaries.
The court’s goal is not to divide the estate equally, but to ensure each eligible person receives “adequate and proper provision” for their support.
Get Legal Advice
If your parent left everything to one child, don’t assume there’s nothing you can do. The law in Queensland exists to protect children, spouses and dependents from unfair Wills.
Talk to an estate litigation solicitor today to learn more about your options.
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
