Legal Project Management Plan & Checklist
Purpose of this Guide: Welcome to the practitioner roadmap for proving a will in Solemn Form. Written specifically for estate litigation lawyers acting for a propounding executor in Queensland, this guide unpacks the process under the Succession Act 1981 (QLD) and UCPR.
Jurisdiction: This guide covers contentious probate trials happening in the Supreme Court of Queensland, Australia. It is always best to verify current guidelines on the official Queensland Legislation Registry.
Governing Legislation: Succession Act 1981 (QLD) s 10 (formal requirements), s 18 (informal wills), s 33M (revocation). UCPR 1999 (QLD) Part 2 (Pleadings), Chapter 7 (Disclosure), Chapter 15 (Probate).
Filing Fees: The Supreme Court claim filing fee is $819.90, and QLR publication is $161.70. You can find more procedural resources on the Queensland Government Portal and the Queensland Legislation Registry.
Key Case Law: Banks v Goodfellow (1870) LR 5 QB 549 (testamentary capacity test). Sullivan v Sullivan [2025] QSC 20 (return of common form grant). Lewis v Watson [2025] QSC 35 (s 18 informal will). Harrison v Cox (No. 2) [2025] QSC 205 (executor removal for self-dealing). For additional details, see the Queensland Government Portal and the Queensland Legislation Registry.
Practice Direction: PD 14 of 2023 (Wills and Estates List), amended in 2024, governs all contentious probate proceedings in the Brisbane registry. You can check the Queensland Government Portal and the Queensland Legislation Registry for more info.
Process at a Glance: The process usually starts with a registry caveat search (Form 104), followed by checking the will's validity under s 10 and talking to the witnesses who signed it. From there, you'll file a Form 2 Claim and Form 16 Statement of Claim. The next steps involve exchanging pleadings (Form 17 Defence, Form 18 Reply), handling document disclosure, and heading to mediation as per PD 14/2023. If the matter proceeds, there will be a trial involving evidence from attesting and expert witnesses, ultimately aiming for a Solemn Form Grant. As always, extra forms are available on the Queensland Government Portal. Additional forms are accessible via the Queensland Government Portal.
This legal matter plan provides a structured workflow for TRUSTS_ESTATES cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
Conduct registry search for active Form 104 Caveats and review the contested will.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
s10 Succession Act 1981 (Qld) - formal requirements for valid will execution. The will must be signed by the testator (or at the testator's direction), the signature must be made or acknowledged in the presence of two or more witnesses present at the same time, and each witness must attest and sign the will in the presence of the testator.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Draft and file Supreme Court Form 2 Claim and Form 16 Statement of Claim to prove the will.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Receive Defences, file Replies, and complete document disclosure.
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.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
The burden of proof lies on the propounding party to establish the will's validity in solemn form - Nock v Austin (1918) 25 CLR 519.
Where suspicious circumstances are raised, the propounding party must affirmatively prove the testator knew and approved of the will's contents - Barry v Butlin [1838] EngR 814.