Challenging a will - Queensland

Is it possible to challenge a will years after it has gone through probate?

The person who wants to challenge is the expartner of a (non-dependent) adult child who thinks that they might be in for some easy money.
 
Is it possible to challenge a will years after it has gone through probate?

The person who wants to challenge is the expartner of a (non-dependent) adult child who thinks that they might be in for some easy money.

On what basis do they want to challenge? The longer they leave it the harder it will be.
 
Possibly questioning the mental state of the deceased. The will was changed a couple of days prior to the person's demise in a hospice (whilst on pain meds) leaving almost everything to the current spouse, not as per will made months earlier leaving a life estate (albeit the proceeds from sale of family home several years earlier were transferred into a managed superfund in pension phase).
 
Is there any estate here? If there was a life estate in a house which was sold then the life estate may adeem - the beneficiary of this may miss out because the gift no longer exists. If the proceeds of the sale are in a superfund then this won't form part of the estate either, unless the superfund paid out to the executor.

If the person lacked capacity when the will was made or if there was coercion or undue influence etc then there may be a case. But first consider the size of the estate at death.
 
Is there an 'estate' ? No, only cash held in a super fund distributed as per the rules of the fund (I am not privy to this information however this went to the spouse). Likewise, unsure who was the executor of the will.

As to the mental state etc all debatable. There is only a few hundred k available which may then be split 5 ways.

It would be just within the statute of limitations if action was taken (if it applied).
 
Probably no possibility of attacking the super from a Succession Act perspective as in QLD there are no notional estae orders like there are in NSW. However if there is a connection to NSW it may be possible to get it up in the NSW Supreme court

Another avenue is the superannuation complains tribunal (now different name) - unless it was a SMSF.

BTW - just noticed ex-partner of an adult child of the deceased. She/he would have no hope, even in NSW, unless she was a dependant of the deceased.

Nevertheless seek legal advice on the full circumstances.
 
BTW - just noticed ex-partner of an adult child of the deceased. She/he would have no hope, even in NSW, unless she was a dependant of the deceased.
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Just as I thought, p!$$ing in the wind. The ex..... has not been in a relationship with this other person until last year and the deceased passed away several years ago.
 
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