What is a family provision claim?

A family provision claim is an application asking the Court to alter the way a deceased person’s estate is distributed.

The claim does not necessarily challenge whether the will itself is valid. Instead, the applicant argues that the will—or the distribution applying when there is no will—does not make adequate provision for their proper maintenance and support.

Section 41 of the Succession Act 1981 (Qld) gives the Court discretion to order that further provision be made from the estate.

An eligible person may consider making a claim where they:

• have been completely left out of the will;
• received only a small share of the estate;
• were financially dependent on the deceased;
• have significant financial, medical or personal needs;
• were promised particular property or financial support; or
• believe the will does not fairly reflect their relationship with, or contributions to, the deceased.

However, disappointment with a will is not, by itself, enough to establish a successful claim.Dane Thornburgh is a Senior Associate at Quinn Law Group, bringing more than 23 years of legal experience as both a Solicitor and former Barrister. His career has been dedicated to dispute resolution, commercial and corporate litigation, insurance litigation, wills and estate disputes, and complex family law financial matters, providing clients with practical, commercially focused legal advice backed by extensive courtroom advocacy.

Having practised as both a Barrister and Solicitor, Dane offers clients the benefit of advocacy and strategic litigation expertise within a single practitioner. This unique background enables him to identify issues early, develop effective litigation strategies and resolve disputes efficiently, often reducing the need for additional counsel and helping to minimise legal costs.

You deal with Dane throughout, get clear written advice, and always know where your matter stands. Fees are discussed upfront so there are no surprises.