In Queensland, inheritance law is governed primarily by the Succession Act 1981 (Qld), which sets out the rules for how a deceased person’s estate is distributed to their family, children, and other beneficiaries. Whether you receive an inheritance depends on three factors: whether there is a valid will, whether the intestacy rules apply, and whether a family provision claim has been made against the estate.
Understanding these Queensland inheritance laws matters because the administration of a deceased estate involves real money, real property, and real family relationships. If you are an executor needing a grant of probate to manage the estate, our fixed legal fee is $1490 — compared to typical market rates of $1,500 to $3,000 or more.
This guide explains the three pathways to receiving an inheritance in Queensland, who is entitled to inherit, and what to do if you believe a will has not adequately provided for you.
Table of Contents
- Inheriting Under a Valid Will
- Queensland Intestacy Laws — Who Inherits When There Is No Will
- Family Provision Claims — Challenging Inadequate Provision
- How Estates Are Administered in Queensland
- Who Is Disqualified from Inheriting Under a Will?
- The 2-Year Rule for Inherited Property
- Frequently Asked Questions
1. Inheriting Under a Valid Will in Queensland
When a deceased person has left a valid will, the executor named in that document is responsible for carrying out the testator’s wishes. The will determines which beneficiaries receive specific gifts of property, money, or other assets from the estate.
However, receiving an inheritance under a will is not always automatic. Before any distribution can occur, the executor typically needs to apply for a grant of probate from the Supreme Court of Queensland. Probate confirms the court’s recognition that the will is valid and that the executor has legal authority to administer the estate.
Once probate is granted, the executor can begin collecting the deceased’s assets, paying debts and liabilities, and distributing the remaining estate to the beneficiaries named in the will.
How Long Does It Take to Receive an Inheritance?
Many people assume that beneficiaries will receive their inheritance shortly after a person’s death. In practice, beneficiaries in Queensland often wait a minimum of six months, and sometimes considerably longer.
This waiting period exists for important reasons under Queensland law. Executors must allow sufficient time for creditors to lodge claims against the estate, and for any eligible person to notify their intention to make a family provision application. The Succession Act 1981 provides that a deceased estate can’t be distributed safely until these timeframes have passed.
The general expectation under succession law is sometimes called “the executor’s year” — a personal representative has approximately 12 months from the date of death to finalise the estate’s affairs. If an inheritance remains unsettled beyond this period, Section 52 of the Succession Act provides that an executor may be liable to pay interest at 8% per annum on an undistributed legacy.
The estate administration process can extend well beyond 12 months if the estate is involved in ongoing court proceedings, a family provision claim, or if assets are complex to consolidate (such as property that needs to be sold or shares that need to be transferred).
What Can Delay an Inheritance?
Several factors can slow down the distribution of a deceased estate in Queensland. These include disputes between beneficiaries about the will’s interpretation, challenges to the validity of the will itself, outstanding debts or tax obligations, property that is difficult to sell, and claims made under Part 4 of the Succession Act by eligible persons who believe they have not been adequately provided for.
Executors who distribute estate assets prematurely — before the statutory waiting periods expire — risk personal liability. If a court later orders a redistribution in favour of a family provision claimant, an executor who has already distributed those assets may need to repay the amount from their own funds.
2. Queensland Intestacy Laws — Who Inherits When There Is No Will
When someone dies without a valid will, they are said to have died “intestate.” In this situation, Queensland’s intestacy laws — set out in Part 3 of the Succession Act 1981 — determine exactly how the deceased estate is distributed. The administrator (rather than an executor) has no discretion about who receives what. The law prescribes a strict order of priority.
To manage an intestate estate, a family member must apply to the Supreme Court for letters of administration. This grant gives the administrator the same legal authority that probate gives an executor. Our fixed legal fee for letters of administration in Queensland is also $1490.
Who Is First in Line for Inheritance?
Under Queensland intestacy law, the order of inheritance follows a clear hierarchy:
If the deceased is survived by a spouse but no children, the spouse inherits the entire estate.
If the deceased is survived by a spouse and children (and all children are also the children of the surviving spouse), the spouse inherits the entire estate.
If the deceased is survived by a spouse and children from a different relationship, the spouse receives the first $150,000, all household chattels, and half of the remaining estate. The children share the other half equally.
If the deceased has no surviving spouse but has children, the children inherit the entire estate in equal shares. If a child has died but left their own children (the deceased’s grandchildren), those grandchildren inherit their parent’s share.
If the deceased has no spouse and no children, the estate passes to parents, then siblings, then grandparents, and then to relatives more remote than your first cousins — following the statutory order until a surviving relative is found.
If no eligible relative can be identified at any level of the hierarchy, the deceased estate passes to the Crown (the Queensland government). This is known as bona vacantia.
How Spouses Inherit Under Queensland Law
Queensland law defines “spouse” broadly for inheritance purposes. It includes legally married partners and de facto partners (whether of the same sex or opposite sex). Separated spouses remain eligible to inherit under intestacy rules until a divorce is formally finalised.
The rights of spouses to inherit are particularly significant in blended families. Where the deceased has children from a previous relationship, the surviving spouse does not automatically receive everything. The statutory formula described above ensures that both the spouse and the deceased’s children receive a share of the estate.
3. Family Provision Claims — Contesting a Will in Queensland
Even when a valid will exists — or where intestacy rules apply — Queensland law recognises that a deceased person may not have made adequate provision for certain family members. The Succession Act 1981 allows eligible persons to make a family provision application to the Supreme Court seeking a larger share or any share of the estate.
This is different from challenging a will’s validity. When you contest a will in Queensland, you are not arguing the will is forged or that the testator lacked capacity. You are arguing that the will (or intestacy distribution) does not adequately provide for your proper maintenance, education, and advancement in life.
Who Can Contest a Will in Queensland?
The Succession Act defines a limited class of eligible persons who may make a family provision claim:
- Spouse — including married and de facto partners
- Child — including biological, adopted, and stepchildren (under Section 40A, stepchildren are automatically included in Queensland without needing to prove they were treated as a child of the family)
- Dependant — a person under 18 years of age who was being wholly or substantially maintained by the deceased at the time of death
It is worth noting that Queensland courts have narrower eligibility than some other Australian states. For example, adult grandchildren cannot make a family provision claim unless they were dependants of the deceased (meaning they were under 18 and being substantially maintained by the deceased).
Time Limits for Family Provision Claims
Time limits for family provision applications in Queensland are strictly enforced. You must give written notice of your intention to apply within 6 months of the date of death, and you must file your originating application with the Supreme Court within 9 months of the date of death.
Missing these deadlines can result in losing your rights entirely. While the court has discretion to grant an extension in exceptional circumstances, this is not guaranteed. If you believe you may have a claim, acting quickly is essential.
Our family provision application service operates on a no-win-no-fee basis, meaning you pay nothing unless your claim succeeds.
What Queensland Courts Consider
When deciding whether to make an order for provision, Queensland courts apply a two-stage test established by the High Court in Singer v Berghouse (1994). First, the court asks whether adequate provision has been made for the applicant. Second, if provision is inadequate, the court determines what provision should be made.
Factors the court examines include the nature and extent of the estate, the applicant’s financial needs and circumstances, the relationship between the applicant and the deceased person, any contributions the applicant made to the estate’s accumulation, the size and nature of competing claims from other beneficiaries, and any obligations or responsibilities the deceased had toward the applicant.
A study of will contests across Australia found that approximately 74% of family provision claims are successful, with the highest success rates among spouses.
4. How Estates Are Administered in Queensland
Whether someone dies with a will or without one, the deceased estate must go through a formal administration process before any property or money can be distributed to beneficiaries.
Probate and Letters of Administration
If there is a valid will, the executor applies for a grant of probate. If there is no will (or the will does not appoint an executor), a family member applies for letters of administration. Both grants serve the same essential purpose: they give the personal representative court-recognised authority to deal with the estate’s assets.
Without a grant, banks typically refuse to release funds, the Land Court and Titles Registry won’t transfer property, and share registries will not amend ownership records. In other words, most estates of any significant value require either probate or letters of administration before beneficiaries can receive their inheritance.
Probate in Queensland costs $1490 in legal fees through our firm, plus Supreme Court filing fees of $819.90 and mandatory advertising of $161.70, bringing the total to approximately $2,471.60. This compares favourably to the market average of $1,500 to $3,000 or more for legal fees alone.
The Estate Administration Process
The typical steps in estate administration include:
- Locating and verifying the will (if one exists)
- Applying for the grant — either probate or letters of administration
- Notifying creditors and potential claimants through mandatory advertising
- Collecting and consolidating the deceased’s assets — including bank accounts, property, superannuation, and shares
- Paying debts, taxes, and administration expenses from the estate
- Distributing the remaining estate to beneficiaries according to the will or intestacy laws
This process typically takes 8 to 12 weeks for straightforward estates, though complex estates with multiple properties, business interests, or disputed claims may take significantly longer.
5. Who Is Disqualified from Inheriting Under a Will?
Queensland law recognises certain circumstances where a person may be disqualified from receiving an inheritance, even if they are named as a beneficiary in the will.
The most significant disqualification is the forfeiture rule, also known as the “slayer rule.” A person who unlawfully kills the deceased is generally prevented from inheriting from the deceased’s estate, whether under the will or under intestacy. This principle exists in Queensland common law and reflects the public policy that a person should not benefit from their own wrongdoing.
A beneficiary may also effectively lose their inheritance if they are declared bankrupt. In bankruptcy, the inheritance may vest in the trustee in bankruptcy and be used to pay the beneficiary’s creditors rather than going to the beneficiary personally.
Witnesses to a will, and their spouses or partners, are generally disqualified from receiving a benefit under that will, though the court has power to validate such gifts in certain circumstances.
6. The 2-Year Rule for Inherited Property
If you inherit property in Queensland, you should be aware of the capital gains tax (CGT) implications. Under Australian tax law, if you sell an inherited property within two years of the deceased person’s death, the property is generally treated as having a CGT cost base equal to the market value at the date of death. This means you may pay little or no capital gains tax on any increase in value during that period.
If you hold the property for more than two years before selling, different CGT rules may apply depending on when the deceased originally acquired the property and whether it was their main residence. The two-year window gives beneficiaries and executors flexibility in deciding when to sell inherited property.
This is a taxation matter rather than a Queensland succession law issue. For specific advice about the tax implications of inherited property, we recommend consulting with a qualified tax professional or accountant.
Frequently Asked Questions
What are the inheritance laws in QLD?
Queensland inheritance law is primarily governed by the Succession Act 1981 (Qld). If the deceased left a valid will, the estate is distributed according to the will’s terms after the executor obtains probate. If there is no will, intestacy rules determine distribution. Eligible family members who believe they have not been adequately provided for can make a family provision application to the Supreme Court within strict time limits.
Who is first in line for inheritance in Queensland?
Under intestacy rules (no will), a surviving spouse is generally first in line. If there are children from a different relationship, the spouse receives the first $150,000, household chattels, and half the remainder. If there is no spouse, children inherit equally. Then parents, siblings, grandparents, and more distant relatives follow in the order prescribed by the Succession Act.
Can you contest a will in Queensland?
Yes. Eligible persons — spouses, children (including stepchildren), and dependants under 18 — can contest a will by making a family provision application. You must give notice within 6 months of death and file your application within 9 months. Our will dispute lawyers work on a no-win-no-fee basis for eligible claims.
What happens after probate is granted in QLD?
After probate is granted, the executor has authority to collect the deceased’s assets, pay debts and expenses, and distribute the estate to beneficiaries. Most executors wait at least 6 months from the date of death before distributing to protect against potential claims. The entire process typically takes 8 to 12 weeks for straightforward estates.
Do I need a will in Queensland?
Having a professionally drafted will is one of the most important things you can do for your family. Without a will, intestacy laws determine who receives your property — which may not reflect your actual wishes. Professional wills start from $799 for individuals and $999 for couples.
What is the difference between probate and letters of administration?
Both are grants from the Supreme Court that authorise someone to administer a deceased estate. Probate is granted when there is a valid will and a named executor. Letters of administration are granted when there is no will, or when the will doesn’t appoint an executor. Both cost $1490 in legal fees through our firm.
Need Help With an Estate Matter?
Whether you are an executor navigating the probate process, a family member dealing with an intestate estate, or someone who believes a will has not made adequate provision for you, our experienced estate lawyers can help.
Our fixed-fee services:
- Probate — $1490 fixed legal fee
- Letters of Administration — $1490 fixed legal fee
- Contesting a Will — No-win-no-fee
- Wills — From $799
Call (07) 3103 9846 or get a free quote today. We serve clients across Brisbane, the Gold Coast, the Sunshine Coast, and Queensland-wide.
