Most people assume that a Will is final. Write it clearly, sign it properly and your wishes will be carried out. Add a formal statement explaining your reasons – a statutory declaration – and surely that settles it even further.
But a recent Queensland court decision shows why that assumption can be wrong.
The Madjeric case
In Madjeric v Madjeric [2025] QDC 126, the District Court of Queensland was asked to consider the estate of Bernadina Simona Cia, who died aged 96, leaving an estate worth approximately $870,000. Her Will left everything of substance to her elder son, Lou. Her younger son, Eric, received nothing.
This wasn’t an oversight. Bernadina had signed a statutory declaration (a formal, witnessed legal statement) explaining her decision. She stated that Eric had already received his share, pointing to approximately $405,000 in financial support she had provided him over the years, including a $300,000 payment that had originally been made when his business collapsed. In her view, the ledger was settled. The court, however, disagreed.
What the court actually looked at
Under Queensland’s Succession Act 1981, eligible people, including adult children, can apply for what is known as a family provision order if a Court determines that the Will fails to make adequate provision for their proper maintenance and support. The existence of a statutory declaration does not shut the door on such a claim. It is evidence, but it is not conclusive.
In this case, the Court looked beyond the Will and the statutory declaration to assess the full circumstances. The court considered several factors.
Eric was 69 years old, retired due to chronic injuries sustained during military service and was reliant on his wife as a full-time carer. While not destitute, his financial position had little room for the unexpected costs that come with age and illness. Lou, by contrast, had combined assets of nearly $2.9 million across Australia and the United Kingdom.
Other factors that the court considered included:
- Eric’s ongoing health issues and limited financial position
- His reliance on his spouse as a carer
- The broader history of the family relationship, including periods of estrangement
- The relative financial positions of both brothers
- Concerns about the reliability of the mother’s stated reasons for excluding Eric
The Court ultimately found that, despite the lifetime gifts, Eric had not been adequately provided for and should receive $250,000 from the estate.
What this means if you are planning your estate
For anyone doing estate planning on the Gold Coast, there are a few things worth understanding clearly.
1. Lifetime gifts might reduce the strength of a claim, but they do not eliminate it
A common assumption in estate planning is that significant financial support provided during a person’s lifetime will reduce or even eliminate the risk of a future claim. This case highlights that while lifetime gifts are relevant, they are not determinative.
Courts in Queensland take a holistic approach. They consider:
- The size and nature of the estate
- The applicant’s financial position at the time of the hearing
- The needs and circumstances of all beneficiaries
- The nature of the relationship between the parties
In other words, a large gift made years earlier does not automatically outweigh present-day need. For families across the Gold Coast, where intergenerational wealth transfers often include property, business interests or financial assistance, this is an important distinction.
2. The reasons you give for a disinheritance will be scrutinised
Another key takeaway from this case is that the reasons given for disinheritance – even when formally documented in a statutory declaration – are not guaranteed to be decisive. While these documents can carry weight, they are not a shield.
Courts will look beyond the statement itself and closely scrutinise the surrounding circumstances, including:
- Whether the reasoning is supported by evidence
- Whether it reflects the full picture of the family relationship
- Who was present when the declaration was made
- What information the testator had access to at the time
- Whether the decision may have been influenced, even unintentionally, by a beneficiary who stands to gain
If the Court is not satisfied that the reasoning holds up, it may give the declaration less weight. This reinforces the importance of careful, considered estate planning, not just documenting your decisions, but ensuring they are well-informed, balanced and legally robust – something experienced estate lawyers or a wills and estates lawyer can assist with.
What this means if you think you have been unfairly left out
If you are an adult child who has been excluded from a parent’s Will, or has received far less than a sibling with significantly greater means, you may have grounds to bring a family provision application in Queensland. The fact that you received gifts or financial support during your parents’ lifetime does not automatically defeat your claim, particularly if your current financial position is genuinely limited.
However, time limits apply. Under Queensland’s Succession Act 1981, there are two deadlines to be aware of. You must give the executor written notice of your intention to make a claim within six months of the date of death, and then file your application in court within nine months of the date of death. Both deadlines are strict. Speaking to a wills and estates lawyer early is essential, as delay can cost you your right to claim entirely. dates, which may affect financing and planning without changing the underlying agreement, often leading buyers to seek advice from a Gold Coast lawyer or Gold Coast solicitor.
If courts can override a Will, why have one?
It’s a fair question, and one we hear often. The reality is that your Will remains the starting point in any estate matter. It is the primary expression of your intentions and will be followed unless successfully challenged.
In cases like this, the Court does not disregard the Will entirely. Instead, it adjusts the distribution only where it finds that adequate provision has not been made. Without a valid Will, the situation becomes far more uncertain. Your estate may be distributed according to intestacy laws, which may not reflect your wishes at all.
Contact a Wills and estates lawyer on the Gold Coast
This case is a reminder that estate disputes are rarely straightforward. They are not simply about what is written in a Will, but about fairness, need and the reality of family relationships. For many individuals and families on the Gold Coast – particularly those with property portfolios, business interests or blended family structures – the stakes can be significant.
Engaging a Gold Coast solicitor ensures your estate plan is not only clear but also resilient.
Whether you are reviewing your estate plan or believe you have been inadequately provided for, contact the team at QBM Lawyers to speak with an experienced Gold Coast solicitor. Early advice often provides the clearest path forward.
Frequently Asked Questions
No. A statutory declaration is taken seriously by courts but is not conclusive. Courts will examine the circumstances in which it was made and whether the reasoning holds up against all the evidence, including who may have influenced the testator at the time.
Under Queensland’s Succession Act 1981, there are two deadlines to be aware of. You must give the executor written notice of your intention to make a claim within six months of the date of death, and then file your application in court within nine months of the date of death. Both deadlines are strict. If you believe you have been inadequately provided for, speak with a wills and estates lawyer as early as possible, as a delay can cost you your right to claim entirely.
Not necessarily. Lifetime gifts are relevant but not automatically decisive. Queensland courts focus on your genuine financial need at the time of the hearing.
