Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when a Queensland client wants to put their affairs in order by creating or updating a will, granting an enduring power of attorney (EPOA), or completing an advance health directive (AHD). This is a drafting and planning plan, not a dispute plan - it applies when a client with testamentary capacity wants to document their wishes legally before incapacity or death. Open it at the initial estate planning instructions appointment. Verify current guidelines on the official Queensland Legislation. Access services via the Queensland Courts.
Jurisdiction: Queensland. A will executed in Queensland must comply with the Succession Act 1981 (QLD). An EPOA is made under the Powers of Attorney Act 1998 (QLD). An AHD is also governed by the Powers of Attorney Act 1998 (QLD) and is held by the principal and their treating doctor. Superannuation is a non-estate asset governed by the Superannuation Industry (Supervision) Act 1993 (Cth) (SIS Act) and the fund's trust deed.
Take full instructions on the client's assets, family structure, existing documents, and wishes. Conduct a formal testamentary capacity assessment using the Banks v Goodfellow test and document it in the file. Identify complex issues including blended families, business interests, discretionary trusts, estranged family members, and superannuation. Identify all non-estate assets and prepare binding death benefit nominations (BDBNs) where required. Consider whether a testamentary trust structure is appropriate. Draft the will, EPOA, and AHD. Review all documents with the client in detail. Execute documents with strict witnessing compliance. Ensure the EPA is registered with the Queensland Titles Registry. Store originals in safe custody and send a reporting letter with a review program. Verify current guidelines on the official . Access services via the .
Key Legislation and Case Law: Succession Act 1981 (QLD) ss 8-11 (formal validity requirements), s 21 (statutory will where capacity is absent), s 40 (eligible persons for family provision claims - spouse, child, dependant), s 41 (time limits: notice within 6 months of death, filing within 9 months). Powers of Attorney Act 1998 (QLD) (EPOA and AHD forms, witnessing requirements, registration). Trusts Act 2025 (QLD) commenced 28 April 2026, replacing Trusts Act 1973. Superannuation Industry (Supervision) Act 1993 (Cth) (SIS Act) - BDBN rules including 3-year expiry for non-lapsing BDBNs under trust deeds that do not exclude the rule. Case law: ***Banks v Goodfellow*** (1870) LR 5 QB 549 (testamentary capacity test); ***Briginshaw v Briginshaw*** (1938) 60 CLR 336 (standard of proof on capacity challenge).
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Estate Planning: Will, Enduring Power of Attorney and Advance Health Directive matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for TRUSTS_ESTATES cases, outlining the standard TRANSACTIONAL process. Utilize these tracking templates to manage your legal cases efficiently.
Understand the complete financial and family picture before drafting begins.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Ensure the will is capacity-proof and the estate plan addresses the client's full risk profile.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Produce legally valid drafts that accurately reflect the client's instructions.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
Banks v Goodfellow (1870) LR 5 QB 549: The four-limbed testamentary capacity test remains the governing standard in Queensland. A diagnosis of dementia or other cognitive condition does NOT automatically negate capacity - capacity is assessed at the time the instructions are given and the will is executed. The practitioner must assess and document capacity on BOTH occasions.
Briginshaw v Briginshaw (1938) 60 CLR 336: The standard of proof in civil matters requires that the seriousness of the allegation (e.g., lack of capacity) is reflected in the strength of evidence required. A contemporaneous GP letter is the strongest available evidence.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Section 40 Succession Act 1981 (QLD): Eligible persons include spouse, child (including step and adopted children), and dependants. Claims must be NOTIFIED within 6 months and FILED within 9 months of the date of death.
Important: A testamentary trust does NOT shield estate assets from a successful family provision claim. The court may order that assets from within the trust be applied to satisfy the claim (Morris v Morris [2025] QSC 7).
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
SIS Act s 59: A BDBN to a non-dependant is invalid. The only valid nominees for superannuation are SIS Act dependants (spouse, child, financial dependant, inter-dependency relationship) or the legal personal representative.
BDBN expiry: A nomination made under s 59 SIS Act typically lapses after 3 years (Superannuation Industry (Supervision) Regulations 1994 reg 6.17A). Some trust deeds (particularly SMSF deeds) may override this. Check the specific fund deed.
Formal validity: Succession Act 1981 (QLD) ss 8-11 require the will to be: (1) in writing, (2) signed by the testator at the foot or end, (3) witnessed by two or more witnesses who are both present at the same time as the testator signs.
Trusts Act 2025 (QLD): Commenced 28 April 2026, replacing the Trusts Act 1973 (QLD). Codifies trustee duties. New ss 49B-49D Succession Act allow personal representatives to carry on the deceased's business for up to 2 years.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Powers of Attorney Act 1998 (QLD) s 44: An enduring power of attorney must be witnessed by a qualified witness who certifies the principal appeared to have decision-making capacity and signed freely and voluntarily. A lawyer acting as a qualified witness must also ensure they are not the nominated attorney.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.