Legal Project Management Plan & Checklist
Purpose: Welcome to the comprehensive legal practitioner roadmap for managing a Family Provision Application from the applicant's perspective in Queensland. Designed explicitly for wills and estates lawyers, estate litigation advocates, and claimant advisors, this guide walks you through the step-by-step process of seeking provision from a deceased's estate. Additional procedural resources can be found on the Queensland Government Portal and the Queensland Legislation Registry.
Jurisdiction: This guide applies to family provision claims in Queensland, Australia, and proceedings within the Supreme Court of Queensland or District Court depending on the estate's size. Verify current guidelines on the official Queensland Legislation Registry.
Governing Legislation: The primary legal framework includes which covers Succession Act 1981 (QLD) Part 4 (ss 40-44) which covers the primary operative provisions, s 40: Defines eligible persons (spouse, de facto spouse, child, stepchild, dependant), s 41: Main operative section which covers estate liable for adequate provision for proper maintenance and support, s 42: Court may vary orders, s 44: Protection of personal representative (distributions after 6 months without notice), which covers Form 5 (Originating Application), Form 46 (Affidavit), Form 9 (Affidavit of Service), Amended Practice Direction 14 of 2023 which covers governs case management, costs affidavits, mandatory mediation, first directions hearing within 28 days, Rule 681 (costs), Rule 700A (proportionality), which covers commenced 1 August 2025, extends trust vesting period to 125 years (affects testamentary trusts)
CRITICAL: Queensland does NOT have notional estate provisions (unlike NSW Chapter 3 Succession Act 2006). Claims are strictly limited to the actual estate at death. However, sham transactions (e.g. gift-and-loan-back schemes with no cash changing hands) may be set aside: Re Permewan (No. 2) [2022] QSC 114. Additional forms are accessible via the Queensland Government Portal.
Process at a Glance: Applying for adequate provision requires strict adherence to statutory deadlines. Written notice of claim must be given to the executor within 6 months of death (s 41) - this prevents the executor distributing under s 44 protection. The formal Originating Application (Form 5) must be filed within 9 months of death. The court applies the mandatory two-stage test from Singer v Berghouse 181 CLR 201: Stage 1 (jurisdictional) - has the applicant been left without adequate provision? Stage 2 (discretionary) - what provision ought to be made? Costs affidavits filed per Practice Direction 14 of 2023. First directions hearing within 28 days of filing. Mandatory court-ordered mediation. Trial preparation if unresolved. Key recent case: Madjeric v Madjeric [2025] QDC 126 - adult child excluded from will, awarded $250,000 despite receiving $400K+ in lifetime gifts. Practitioners should check the official Queensland Government Portal and Queensland Legislation Registry for regular procedure updates.
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.
Verify the applicant's relationship under s 40 of the Succession Act, assess financial need under Singer v Berghouse Stage 1, document lifetime gifts received, and calculate the strict 6-month notice and 9-month filing deadlines.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
This evidence satisfies Stage 1 of the mandatory two-stage test from Singer v Berghouse (1994) 181 CLR 201 - whether the applicant has been left without adequate provision for their proper maintenance and support.
Note: in Madjeric v Madjeric [2025] QDC 126, an adult child with reasonable financial position who had received $400K+ in lifetime gifts still successfully claimed $250,000 - demonstrating that lifetime gifts alone are not determinative.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
CRITICAL: Queensland does NOT have notional estate provisions (unlike NSW Chapter 3, Succession Act 2006 (NSW)). Claims are strictly limited to the actual estate at death.
Re Permewan (No. 2) [2022] QSC 114 - court set aside a 'gift and loan-back' scheme where $3M was purportedly gifted to a discretionary trust via promissory note, then loaned back secured by mortgage, with no cash actually changing hands.
Property Law Act 2023 (Qld) (commenced 1 August 2025) extends the trust vesting period to 125 years (affects testamentary trusts).
Madjeric v Madjeric [2025] QDC 126 - testator's statutory declarations explaining the distribution carry weight but are NOT determinative.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Draft and serve the written Notice of Intention to Apply on the executor within the 6-month statutory limit under s 41(8), stopping the executor's s 44 protection for distributions.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Draft and file UCPR Form 5 and supporting affidavits (Form 46), solicitor's affidavit as to costs (per Practice Direction 14 of 2023), and draft directions order within the 9-month statutory limit.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
Succession Act 1981 (Qld) s 44 protects executors who distribute after 6 months if no notice is received - but receipt of notice stops this protection and prevents further distributions.
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.
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.