Caveats & Objections to Probate in Queensland — Stopping an Improper Grant

What a Notice of Intention to Oppose is in Queensland

A Notice of Intention to Oppose is a formal document filed with the Supreme Court of Queensland that notifies the Court — and the person seeking a grant of probate or letters of administration — that you intend to oppose the grant. It is the Queensland equivalent of a caveat in other Australian jurisdictions, but it operates under the specific procedural framework of the Uniform Civil Procedure Rules 1999 (QLD) (UCPR), Chapter 15.

Once a Notice of Intention to Oppose is filed, the Court will not seal a grant of probate or letters of administration without first giving you notice and an opportunity to be heard. This does not mean the grant is permanently blocked — it means the matter becomes contested, and the propounder of the will must address your objections before probate can proceed.

In Queensland, the Notice must set out the grounds on which you oppose the grant. It is not enough to simply file a notice stating that you object. You must articulate the legal basis for your opposition — for example, that the will is invalid due to lack of testamentary capacity, undue influence, fraud or forgery, want of knowledge and approval, or that the will does not comply with formal execution requirements including the s 10(2) positional signature rule under the Succession Act 1981 (QLD).

A Notice of Intention to Oppose is not a standalone challenge. It is a procedural mechanism that preserves the status quo while the substantive grounds of challenge are investigated and, if necessary, litigated. It converts a common form probate application (which can be dealt with by a registrar on the papers) into a contested matter that will be listed before a judge in solemn form.

A Notice of Intention to Oppose is time-sensitive

Once probate is granted and the executor begins distributing the estate, your ability to challenge the will is severely compromised. Recovering distributed assets is difficult, expensive, and in some cases impossible. If you have genuine concerns about a will's validity, file your Notice of Intention to Oppose before probate is granted. Seek urgent QLD advice →

When to file a Notice of Intention to Oppose

The Notice of Intention to Oppose should be filed as soon as you form a genuine concern about the validity of a will or the entitlement of a person to a grant of representation. The critical window is before probate or letters of administration have been granted. Key triggers include:

You have become aware of a will that appears irregular — the signature is in an unusual position (consider s 10(2) of the Succession Act 1981), the will was witnessed by beneficiaries or their associates, or there are signs of tampering.
The will represents a radical departure from the deceased's known intentions — suddenly disinheriting long-standing beneficiaries in favour of a new acquaintance, carer, or distant relative.
The deceased lacked capacity at the time of execution — medical evidence suggests dementia, cognitive decline, or heavy medication affecting testamentary capacity.
There is evidence of undue influence — the deceased was isolated, pressured, or controlled by a beneficiary who arranged the will and was present during its preparation.
You suspect forgery or fraud — the signature does not match known exemplars, the will appears to be a reconstruction, or there is evidence the will was altered after execution.
You have received notice of an intended application for probate — in Queensland, an applicant for probate is required to advertise their intention to apply. If you see a probate notice and have concerns, you should act immediately.
There are competing wills or questions about which will is the last valid will — particularly where a later will was made in suspicious circumstances or where an earlier will cannot be located (consider the s 24(2) lost will presumption).

A common mistake is to wait until you have assembled a complete case before filing. While you should have a genuine basis for your objection, you do not need to have all evidence assembled at the time of filing. The purpose of the Notice is to preserve your position while you investigate. Filing early is almost always preferable to waiting. Delay weakens your position and may be held against you if the Court is later asked to exercise its discretion on costs or other relief.

How to file a Notice of Intention to Oppose — UCPR procedure

The procedure for filing a Notice of Intention to Oppose in Queensland is governed by the Uniform Civil Procedure Rules 1999 (QLD), Chapter 15 (Probate and Administration). The process is as follows:

Prepare the Notice

Draft a Notice of Intention to Oppose setting out: your name and address for service, the name of the deceased and the date of death, the grounds on which you oppose the grant, and the nature of your interest in the estate.

File with the Registry

File the Notice with the Supreme Court of Queensland registry (Brisbane or nearest regional registry). The Notice is filed in the probate proceedings or, if no proceedings exist, as a freestanding notice.

Pay the Filing Fee

Pay the prescribed filing fee to the Supreme Court registry. Fees are set by the Uniform Civil Procedure (Fees) Regulation 2019 (QLD) and are subject to change.

Serve the Notice

Serve a copy of the filed Notice on the person applying for the grant (or their solicitor) and any other interested parties. Service must comply with UCPR requirements for service of documents.

Await Response

Once the Notice is filed and served, the Court will not proceed with the grant without giving you notice. The propounder must address your objections — through negotiation, mediation, or a contested hearing.

Note: The Notice of Intention to Oppose is a court document with legal consequences. It should be prepared and filed with legal assistance. An incorrectly drafted Notice — one that fails to articulate proper grounds or is filed without a genuine basis — may result in the Court ordering you to pay the other parties' costs on an indemnity basis. In Queensland probate practice, this is a real risk and one that should not be underestimated.

Under the UCPR, the Notice must be accompanied by an address for service in Queensland. If you reside outside Queensland, you must nominate an address for service within the state — typically your solicitor's office. This is a practical requirement to ensure that all parties can be contacted efficiently for the conduct of the proceedings.

The Notice remains in effect until it is withdrawn by consent, removed by order of the Court, or the substantive proceedings are determined. If your concerns are resolved — for example, through negotiation or after reviewing evidence that satisfies you the will is valid — you can withdraw the Notice by filing a notice of withdrawal with the Court. If the propounder disputes the Notice, they may apply to the Court to have it removed, and the Court will determine whether the grounds are sufficient.

Grounds for opposing a grant of probate in Queensland

A Notice of Intention to Oppose must be based on recognised legal grounds. You cannot oppose a grant simply because you disagree with the contents of the will or because the will seems unfair. The following are the principal grounds on which a grant of probate may be opposed in Queensland:

Lack of Testamentary Capacity

The deceased did not have the mental capacity required to make a valid will at the time of execution. Queensland Courts apply the Banks v Goodfellow (1870) test: the testator must understand the nature of making a will, the extent of their property, the claims of those who might expect to benefit, and be free from any disorder of the mind poisoning their affections. Medical evidence — particularly contemporaneous GP notes, specialist reports, and medication records — is central to a capacity challenge.

Undue Influence

The testator's free will was overborne by coercion such that the will does not represent their true intentions. Undue influence is not mere persuasion, advice, or family pressure — it requires proof that the testator was not a free agent. The person alleging undue influence bears the onus of proof and must produce evidence that is clear, cogent, and precise commensurate with the seriousness of the allegation (Briginshaw v Briginshaw standard).

Fraud or Forgery

The will is not genuine — it was forged, altered after execution, or procured by fraudulent misrepresentation. This is the most serious allegation in probate law. In Queensland, will forgery carries criminal consequences under s 488 of the Criminal Code 1899 (QLD): a person who forges a will with intent to defraud is liable to imprisonment for 14 years. Evidence may include forensic document examination, handwriting analysis, and witness testimony.

Want of Knowledge and Approval

The testator did not know or approve the contents of the will they signed. This is distinct from capacity — a person may have mental capacity but not understand what a particular document says because it was not read to them, explained properly, or was presented in a language or format they could not follow. Where suspicious circumstances surround the will's preparation, the evidential burden shifts to the propounder to prove knowledge and approval.

Defective Execution — s 10(2) and Beyond

Under s 10(2) of the Succession Act 1981 (QLD), a will is not validly executed unless the testator's signature appears at the foot or end of the document. This positional requirement is uniquely strict in Queensland. A will with a signature in the margin, on a separate page, or in an ambiguous position may be invalid on its face. Other execution defects — insufficient witnesses, failure to sign in the presence of witnesses — are also grounds for opposition. The propounder may seek to cure defects via the s 18 dispensing power, but this requires an application and strong evidence.

Revocation or Competing Will

The will propounded is not the last valid will of the deceased. The deceased may have made a later will, revoked the will by destruction (consider the s 24(2) lost will presumption), or the will may have been revoked by marriage under s 14 of the Succession Act 1981 (QLD). Where there are competing wills, the Court must determine which document represents the deceased's last valid testamentary intentions.

What happens after you file a Notice of Intention to Oppose

Filing a Notice of Intention to Oppose sets in motion a defined procedural sequence. Understanding what follows is essential to managing expectations and preparing for the next stages:

The grant is held. The Supreme Court registry will not seal a grant of probate or letters of administration while the Notice remains on foot. The common form probate application cannot proceed to grant. This preserves the status quo.
The propounder is notified. Once you serve the Notice on the person applying for the grant (or their solicitor), they become aware that the application is contested. They cannot obtain a grant without addressing your objections.
Negotiation and investigation. In many cases, the parties will engage in discussions. The propounder may provide evidence — solicitor file notes, medical records, witness statements — to address your concerns. You may agree to withdraw the Notice if satisfied the will is valid. Alternatively, the propounder may concede that there is a genuine issue requiring resolution.
Proceedings may be commenced. If the dispute cannot be resolved by agreement, the propounder may commence proceedings seeking a grant in solemn form. You, as the opponent, will be named as a defendant. Alternatively, you may commence proceedings seeking a declaration that the will is invalid. The matter proceeds under UCPR Chapter 15 before a judge of the Supreme Court.
Directions and case management. The Court will make directions for the filing of evidence, the exchange of documents, and the listing of the matter for hearing. In Queensland probate practice, the Court will often order the parties to attend mediation before a trial date is allocated.
Mediation. Many probate disputes in Queensland resolve at mediation. A neutral mediator — often a senior barrister or retired judge — facilitates discussions between the parties. Mediation allows for creative solutions that the Court cannot order, including compromise distributions and cost arrangements. If mediation succeeds, the parties enter a deed of settlement and the Notice is withdrawn.
Solemn form trial. If mediation fails, the matter proceeds to a trial before a judge of the Supreme Court of Queensland. The propounder bears the onus of proving the will in solemn form. The opponent has the opportunity to cross-examine witnesses, present evidence, and make submissions. The judge determines whether the will is valid and whether probate should be granted.
Costs. Costs in probate proceedings are at the discretion of the Court. In some cases — particularly where the testator's conduct or the circumstances surrounding the will created the dispute — the Court may order costs to be paid out of the estate. However, a party who acts unreasonably, files a Notice without proper grounds, or prolongs the dispute unnecessarily risks an adverse costs order.

Time limits for filing a Notice of Intention to Oppose

There is no fixed statutory limitation period for filing a Notice of Intention to Oppose in Queensland. However, the practical time constraints are severe and should not be misunderstood as licence to delay:

The critical deadline is before probate is granted. Once the Supreme Court has sealed a grant of probate (in common form), the executor can lawfully distribute the estate. A Notice of Intention to Oppose filed after probate has been granted will not automatically prevent distribution, although it may still be possible to seek the revocation of the grant in certain circumstances. Revocation proceedings are significantly more difficult, expensive, and uncertain than opposing a grant before it is made.
Probate notice period. In Queensland, an applicant for probate is required to advertise their intention to apply. The probate notice typically allows 14 days for interested persons to come forward. If you see a probate notice and have concerns, you must act within this window — or at least file your Notice before the grant is sealed, which can happen shortly after the notice period expires.
Laches and delay. Even if probate has not been granted, unreasonable delay in filing a Notice of Intention to Oppose may weaken your position. The equitable doctrine of laches applies — if you have delayed and the propounder or beneficiaries have acted to their detriment in reliance on the absence of opposition, the Court may take this into account in exercising its discretion on costs and other matters.
Evidence degrades. Memories fade, documents are lost or destroyed under retention policies, and witnesses become unavailable. The longer you wait, the harder it is to prove your case — regardless of the formal time limits.
Family provision claims have separate limits. If your claim is not about the will's validity but about the adequacy of provision made for you, different time limits apply under Part 4 of the Succession Act 1981 (QLD). A family provision application must generally be made within 9 months of the date of death (though extensions may be granted). Do not confuse the two types of claim.

Differences from the NSW caveat system

Clients and practitioners who are familiar with the NSW probate caveat system should be aware of significant differences when operating in Queensland. The QLD Notice of Intention to Oppose is not simply a caveat by another name. Key differences include:

Terminology and Statute

In NSW, the mechanism is called a caveat and is governed by the Succession Act 2006 (NSW) and the Probate and Administration Act 1898 (NSW). In Queensland, the mechanism is a Notice of Intention to Oppose governed by the Uniform Civil Procedure Rules 1999 (QLD), Chapter 15. The procedural rules differ in important respects, and NSW precedents should not be transplanted uncritically into QLD practice.

Grounds Requirement

In Queensland, the Notice must set out the grounds of opposition with sufficient specificity to inform the Court and the propounder of the basis for the objection. A bare notice without articulated grounds is likely to be struck out. In NSW, a caveat must also state the nature of the interest claimed, but the QLD requirement for specificity is often applied more strictly by practitioners and registrars familiar with the local rules.

Unique QLD Provisions

Queensland succession law contains provisions that do not exist in NSW. The s 10(2) positional signature rule — requiring the signature to be at the foot or end of the will — is a uniquely QLD ground for objection. The s 24(2) lost will presumption operates differently from the NSW position. And the s 488 Criminal Code offence for will forgery (14 years imprisonment) has no direct NSW equivalent, which can affect how allegations of forgery are treated in QLD probate practice.

Probate Notice Period

In NSW, the Supreme Court typically requires a 14-day notice period after publication of the probate notice before a grant can be made. In Queensland, the practice varies — while a notice period applies, the timing and requirements differ. QLD practitioners should not assume the NSW timeline applies.

Warnings and Appearance

In NSW, a person interested in an estate can issue a warning to a caveator requiring them to enter an appearance within a specified time or risk the caveat lapsing. The QLD UCPR does not use the warning-and-appearance terminology in the same way. In Queensland, the propounder responds to a Notice of Intention to Oppose by either addressing the grounds substantively or applying to the Court to have the Notice removed. The procedural pathways are different.

Solemn Form Procedure

Both states require contested grants to proceed in solemn form before a judge, but the procedural requirements and case management practices differ between the Supreme Court of NSW and the Supreme Court of Queensland. QLD practitioners should be familiar with the specific practices, forms, and expectations of the QLD registry and probate list judges.

If you are familiar with the NSW caveat system and need to act in Queensland — or vice versa — it is essential to obtain advice from a practitioner experienced in the relevant jurisdiction. The differences are not merely cosmetic; they can affect the validity and effectiveness of your objection.

Risks of filing a Notice of Intention to Oppose improperly

Filing a Notice of Intention to Oppose is a serious procedural step that carries real risks if done without proper grounds or legal advice. The Court takes a dim view of Notices filed for tactical reasons, to extract a settlement without genuine grounds, or without a proper legal basis. Key risks include:

Adverse costs orders. This is the most significant risk. If the Court finds that you filed a Notice of Intention to Oppose without proper grounds, or that you maintained the Notice unreasonably after the propounder provided evidence addressing your concerns, the Court may order you to pay the other parties' costs. In the most serious cases, costs may be ordered on an indemnity basis — meaning you pay the full legal costs of the other parties, not merely the standard party-party costs. In a contested probate dispute, these costs can run to tens or hundreds of thousands of dollars.
Wasted costs and delay. A Notice of Intention to Oppose prevents the executor from obtaining probate and administering the estate. Beneficiaries are kept waiting. Assets may not be realised. Debts may go unpaid. If the Notice is ultimately found to be without merit, the opponent will have caused significant prejudice to the estate and its beneficiaries, which the Court will take into account on costs.
Damage to your credibility. A baseless objection can damage your credibility in any related proceedings and may be held against you on costs even in other aspects of the dispute. If you later bring a family provision claim, for example, the Court may view your earlier baseless probate objection as evidence of unreasonable conduct.
Exposure to personal liability. In extreme cases, if you file a Notice of Intention to Oppose knowing it to be without foundation and with the intention of causing harm or extracting a benefit, you may be exposed to claims beyond costs — including claims for damages for abuse of process or tortious interference.
Difficulty withdrawing. Once a Notice is filed, you cannot simply walk away. Withdrawing the Notice requires filing a notice of withdrawal with the Court. If the propounder has incurred costs in responding to your Notice, they may seek those costs from you as a condition of withdrawal. You may find yourself in a position where you are paying costs to extract yourself from a position you should not have taken in the first place.

Only file on legal advice

A Notice of Intention to Oppose should never be filed without legal advice. The decision to file should be based on a careful assessment of the grounds available, the evidence supporting those grounds, and a realistic evaluation of prospects. An experienced QLD probate lawyer can help you assess whether your concerns amount to proper grounds for opposition and, if so, how best to articulate and pursue them while managing the costs risks. Get QLD probate advice before filing →

What evidence supports an objection to probate

The strength of your objection depends on the evidence available to support each ground. The following categories of evidence are commonly relevant in QLD probate objections. The earlier you begin gathering evidence, the stronger your position:

Medical records: GP clinical notes, hospital records, specialist reports (geriatrician, psychiatrist, neurologist), cognitive assessment results (MMSE, ACE-III, MoCA), medication charts showing drugs affecting cognition, and nursing home or aged care records for the period surrounding the will's execution
Solicitor file: The complete file of the solicitor who prepared the will — attendance notes of instructions, file notes of capacity assessment, correspondence, drafts showing changes, notes about who was present, notes about the s 10(2) signature position, and any record of the testator's statements about their intentions
Earlier wills and estate planning documents: All prior wills, codicils, and estate planning documents showing the pattern of the deceased's testamentary intentions over time. A sudden departure from long-standing intentions is a red flag requiring explanation
Witness statements: Statements from family members, friends, neighbours, carers, treating doctors, and independent third parties about the deceased's mental state, behaviour, relationships, and expressed intentions around the time of the will's execution
Witnesses to the will: What did the attesting witnesses observe? Were they independent, or were they beneficiaries or connected to a beneficiary? In Queensland, a beneficial gift to a witness or their spouse is void under s 11 of the Succession Act 1981 unless the Court is satisfied the testator knew and approved of the gift independently
Financial records: Bank statements, property records, and asset registers showing what the testator owned at the relevant time and whether there were unusual transactions or transfers around the time of the will
EPOA and attorney records: If an enduring power of attorney was in place, the attorney's records of transactions, decisions, and interactions with the testator. Attorneys have fiduciary obligations and must account for their dealings
Forensic evidence: Where forgery is alleged — handwriting analysis by a qualified forensic document examiner, ink analysis and dating where relevant, examination of paper and printing characteristics, and comparison with known exemplars of the testator's signature
Correspondence and communications: Emails, letters, text messages, and other communications between the deceased, the solicitor, the beneficiaries, and other relevant persons that shed light on the circumstances of the will
Timeline evidence: A detailed chronology — ideally in table form — showing key dates: changes in health, hospitalisations, will executions, EPOA activity, changes in relationships, and any events relevant to the grounds of objection

Common scenarios where a Notice of Intention to Oppose may be needed

The following scenarios represent common situations in which a Notice of Intention to Oppose may be appropriate. These are illustrative, and the decision to file should always be based on legal advice specific to the circumstances:

The new carer will

A carer who has known the deceased for a short period becomes the major beneficiary under a will executed late in the deceased's life, displacing children or other long-standing beneficiaries. The carer arranged the solicitor, was present at instructions, and isolated the deceased from family. This pattern raises concerns about undue influence, capacity, and knowledge and approval.

The dementia-era will

The deceased had a documented dementia diagnosis at the time the will was executed. The will represents a significant departure from earlier estate planning. Medical records show fluctuating or impaired cognition. The question is whether the deceased had testamentary capacity at the precise time of execution — including whether they met the Banks v Goodfellow criteria.

The missing-original will

The original will cannot be found after death. The deceased last had it in their possession. Under s 24(2) of the Succession Act 1981 (QLD), the presumption is that the testator destroyed it with intent to revoke. But if a beneficiary or other person had access to the will, or if there is evidence the testator did not intend to revoke it, the presumption can be challenged. A copy of the will may still be admitted to probate.

The suspicious signature

The signature on the will does not match the deceased's known signature. It may appear in an unusual position (raising s 10(2) issues), look different from exemplars, or have characteristics inconsistent with the testator's physical abilities at the time. Forensic document examination is required. In Queensland, forgery also carries the s 488 Criminal Code dimension.

The EPOA-beneficiary overlap

The person who held the deceased's enduring power of attorney is also the major beneficiary under the will, and there is evidence the attorney used their authority to benefit themselves — transferring assets, depleting the estate, or pressuring the deceased to make testamentary changes in the attorney's favour. QCAT and the Public Guardian may also be relevant.

The competing wills scenario

Multiple wills exist — perhaps an earlier will leaving the estate to family members and a later will leaving everything to one person. The later will was executed in unusual circumstances. The Court must determine which document represents the deceased's last valid will. A Notice of Intention to Oppose ensures that neither will is admitted to probate without proper scrutiny.

What to do now if you need to oppose a grant of probate in Queensland

Do not alert the suspected wrongdoer. If you suspect fraud, forgery, or undue influence, confronting the person who may have procured the will can lead to the destruction of evidence. Keep your concerns confidential until you have obtained legal advice.
Secure a copy of the will immediately. Request a copy from the executor, the solicitor who holds the will, or inspect the Supreme Court file if a probate application has been filed. You are entitled to see the will — do not be deterred by resistance.
Check for a probate notice. Monitor the Queensland Law Society's probate notices or the Supreme Court online registry to see whether an application for probate has been advertised. If a notice appears, your window to act is narrow.
Preserve all relevant evidence. Gather medical records, correspondence, financial records, and any documents relating to the will. Identify potential witnesses. Document your own recollections in a detailed chronology while your memory is fresh.
Obtain specialist QLD probate advice immediately. The QLD system has unique features — s 10(2), s 18, s 24, UCPR Chapter 15, and the Criminal Code s 488 dimension — that require specialist knowledge. Do not rely on general litigation advice or advice from practitioners unfamiliar with QLD probate practice.
If advised, file a Notice of Intention to Oppose without delay. Your lawyer will assess your grounds, draft the Notice articulating those grounds, file it with the Supreme Court, and serve it on the relevant parties. This preserves your position while the matter is investigated and, if necessary, litigated.
Prepare for the process ahead. Understand that a Notice of Intention to Oppose is the beginning, not the end. You may need to engage in negotiations, mediation, and potentially a solemn form trial. Your lawyer will guide you through each stage and advise on costs, prospects, and settlement opportunities.

Need to stop an improper grant of probate in Queensland?

Filing a Notice of Intention to Oppose is the critical procedural step that prevents a grant from being sealed before your concerns are heard. But it must be done correctly, on proper grounds, and with a clear understanding of the costs risks. We can assess your grounds, advise on the evidence needed, and — if appropriate — prepare and file the Notice on your behalf. The sooner you act, the stronger your position.

Confidential QLD Case Review File a Notice of Intention to Oppose

Frequently asked questions — QLD caveats and objections

While both serve the same fundamental purpose — preventing a grant of probate from being sealed without notice to the objector — there are important procedural differences. In QLD, the mechanism is governed by the Uniform Civil Procedure Rules 1999 (QLD) Chapter 15 and is called a Notice of Intention to Oppose. In NSW, it is called a caveat and is governed by the Succession Act 2006 (NSW). In QLD, the Notice must articulate specific grounds of opposition. The NSW system uses a warning-and-appearance procedure that does not have a direct QLD equivalent. Additionally, QLD has unique grounds for objection — such as the s 10(2) positional signature rule — and the criminal consequences for will forgery under s 488 of the Criminal Code can affect how forgery allegations are treated in QLD probate practice. If you are familiar with one system and need to act in the other, obtain advice from a practitioner experienced in the relevant jurisdiction.

Technically, yes — you can file a Notice of Intention to Oppose as a self-represented litigant in the Supreme Court of Queensland. However, this is strongly discouraged. The Notice is a court document with significant legal consequences. If it is incorrectly drafted, fails to articulate proper grounds, or is filed without a genuine legal basis, you face a real risk of being ordered to pay the other parties' costs on an indemnity basis. Probate litigation is procedurally complex and the costs at stake are often substantial. The filing fee is modest; the costs risk of getting it wrong is not. If you cannot afford a lawyer, you may be eligible for assistance through Legal Aid Queensland or a community legal centre, but you should not proceed without legal advice. The Supreme Court registry staff cannot give you legal advice about whether your grounds are sufficient.

A Notice of Intention to Oppose remains in effect until one of the following occurs: (a) you file a notice of withdrawal with the Supreme Court registry (typically after your concerns have been resolved or the dispute has settled); (b) the Court orders the Notice to be removed on application by the propounder (if the Court finds the grounds are insufficient or the Notice was improperly filed); or (c) the substantive probate proceedings are determined by a judge (at which point the Notice has served its purpose and the Court's order determines the validity of the will). There is no automatic expiry. A Notice does not lapse merely because time has passed. If you have filed a Notice and no longer wish to maintain it, you must take active steps to withdraw it — you cannot simply ignore it and hope it goes away.

The Supreme Court filing fee for a Notice of Intention to Oppose is set by the Uniform Civil Procedure (Fees) Regulation 2019 (QLD). As at 2026, the fee is in the range of several hundred dollars (subject to change — check the current Supreme Court fee schedule). However, the filing fee is only one component. The real costs are legal fees for: (a) advice on whether you have proper grounds; (b) drafting the Notice with sufficient specificity; (c) serving the Notice and managing the procedural steps that follow; (d) gathering and reviewing evidence; (e) negotiating with the propounder or their lawyers; and (f) if the matter proceeds to contested proceedings, the costs of litigation — which can be substantial. You should discuss costs openly with your lawyer at the outset and understand the estimate for each stage. If your Notice is successful in preventing an improper grant and the matter resolves, the costs may ultimately be borne by the estate or by the unsuccessful propounder, but this is not guaranteed and should not be assumed.

It is not necessarily too late, but your options are significantly more limited and difficult. Once probate has been granted in common form by the Supreme Court of Queensland, you can no longer file a Notice of Intention to Oppose (because there is no pending application to oppose). Instead, you must apply to the Court to revoke the grant of probate. Revocation is a more onerous application — you must persuade the Court that the grant should never have been made. Grounds for revocation include that the will is invalid, that the grant was obtained by fraud, or that a later will has been discovered. Revocation proceedings are contested solemn form proceedings and are generally more expensive and uncertain than opposing a grant before it is made. Furthermore, if the executor has already distributed the estate, you may need to bring tracing proceedings to recover assets from beneficiaries who have received them — which adds another layer of complexity and cost. This is why it is critical to act before probate is granted. If you have only just become aware of concerns after probate has been granted, seek urgent legal advice — the sooner you act, the better your prospects of recovery.

Disclaimer: This page provides general information about filing a Notice of Intention to Oppose a grant of probate in Queensland. It does not constitute legal advice. The Succession Act 1981 (QLD), the Uniform Civil Procedure Rules 1999 (QLD), the Criminal Code 1899 (QLD), and associated legislation are complex, and outcomes depend on the specific facts and evidence of each case. You should obtain legal advice specific to your circumstances before filing any court document or taking any procedural step. Last reviewed: June 2026. Jurisdiction: Queensland, Australia.