Legal Project Management Plan & Checklist
Family provision claims in Queensland for the applicant: who is eligible, the 9-month time limit, filing in the Supreme Court, mediation and trial.
Who can make a family provision claim in Queensland?: The deceased's spouse, child or dependant (Succession Act 1981 (Qld) s 41(1)). A spouse includes a husband or wife, a de facto partner who lived with the deceased as a couple for a continuous period of at least 2 years ending on the death, a civil partner and, for family provision, a dependant former spouse (s 5AA). Child includes a stepchild or adopted child, and a dependant is a parent, the parent of a surviving child under 18, or a person under 18 who was wholly or substantially maintained or supported by the deceased (s 40).
What is the time limit for a family provision claim in Queensland?: Unless the court otherwise directs, proceedings must be instituted within 9 months after the death, not the grant (Succession Act 1981 (Qld) s 41(8)). Give the personal representative signed written notice of the intended claim as early as possible: a personal representative who distributes after 6 months without such notice is protected from action (s 44(3) and (4)).
Competing Queensland family provision claims by an adult child and a de facto spouse: eligibility, the evidence each needs and how they are weighed.
What must be filed with a family provision application in the Supreme Court?: An affidavit by the applicant identifying the provision sought and an affidavit by the applicant's solicitor estimating costs to the end of mediation on the standard and indemnity bases. These, the application and a notice listing other possible eligible persons and beneficiaries must be served at least 14 days before the first directions hearing, which is listed within 28 days of filing (Amended Practice Direction 14 of 2023 paras 32 to 34).
What happens if a family provision claim settles at mediation?: The court's sample directions provide for an application for sanction and final orders to be filed, and on the Wills and Estates List orders may be made on the papers (Amended Practice Direction 14 of 2023 para 30 and Appendix A). An application within the proceeding is made in the approved form (UCPR r 31, Form 9).
Jurisdiction: Supreme Court of Queensland, by originating application under s 41 of the Succession Act 1981 (Qld), managed under Amended Practice Direction 14 of 2023. Orders are made out of the estate, which includes property received as a gift in contemplation of death (s 41(12)); Part 4 of the Act contains no notional estate provisions like those in New South Wales. Forks address competing claims by an adult child and a de facto spouse.
The Process at a Glance: Confirm the client is an eligible person and that proceedings can be started within 9 months of the death. Obtain the will and any grant. Give the personal representative written notice of the intended claim early. Gather evidence of the client's financial needs, health, earning capacity and relationship with the deceased. File the originating application with the applicant's affidavit and the solicitor's costs affidavit, and serve them at least 14 days before the first directions hearing. Agree directions, exchange affidavit evidence and attend mediation; most claims are resolved there. If settled, apply for final orders or discontinue; if not, proceed to trial.
Key Legislation: Succession Act 1981 (Qld) - s 5AA (spouse), ss 40 and 40A (child, stepchild and dependant), s 41 (family provision orders; s 41(3) incidence on the estate; s 41(8) 9-month limit; s 41(12) gifts in contemplation of death), s 44 (protection of personal representatives). Uniform Civil Procedure Rules 1999 (Qld) - r 31 (applications in a proceeding), rr 304 and 309 (discontinuance), r 661 (filing an order). Amended Practice Direction 14 of 2023 (Wills and Estates List and family provision applications).
* 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 Family Provision Application (Applicant) 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 Wills and Estates cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
| Field | Token | Type | Required | Defined in |
|---|---|---|---|---|
| Matter(4) | ||||
| Matter numberⓘ | matter.matterNumber | text | Required | inheritedmatter-core |
| Matter title | matter.title | text | - | inheritedmatter-core |
| Matter typeⓘ | matter.matterType | text | - | inheritedmatter-core |
| Matter status | matter.status | text | - | inheritedmatter-core |
| Client(1) | ||||
| Client name | matter.clientName | text | Required | inheritedmatter-core |
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.
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.
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.
Prepare position papers and represent applicant at the court-ordered mediation under Amended Practice Direction 14 of 2023 to negotiate a Deed of Settlement or Consent Order.
Brief counsel, compile trial bundles, represent the applicant at the court hearing, and secure a provision order under s 41.
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