Legal Project Management Plan & Checklist
Purpose of this Guide: Use this fork when multiple people are claiming a share of the same estate and the competing claims involve both an adult child of the deceased and a de facto spouse. These two claimant types have different evidentiary requirements and different presumptions, and the court must balance them against each other in assessing what is adequate provision for each.
Jurisdiction: (Trial Division).
The Process at a Glance: Identify all claimants and their relationship to the deceased. For the adult child: gather financial records, evidence of the relationship with the deceased, any contributions the child made to the deceased's welfare or estate, and explain why the will's provision (or lack of it) is inadequate. For the de facto spouse: establish the relationship under the Acts Interpretation Act 1954 (QLD), document financial interdependence, and show the impact on the surviving partner of losing a share of the estate. Obtain the estate inventory. File competing affidavits. The court considers the competing claims together in light of the total estate value.
Key Legislation and Case Law: Succession Act 1981 (QLD) s 41(2) lists the relevant factors. Adult children face a higher threshold than spouses and must explain why they have not made adequate financial provision for themselves: Vigolo v Bostin (2005) 221 CLR 191 (HC). De facto relationships are established under Acts Interpretation Act 1954 (QLD) s 32DA (minimum 2-year cohabitation or a child of the relationship). No notional estate in Queensland.
* 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) - Adult Child Claim vs. Defacto Spouse Claim 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 DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
Verify the applicant's relationship and establish whether de facto spouse or adult child criteria apply, assess estrangement causation, and determine evidentiary strategy.
Draft UCPR Form 46 affidavits customized to either de facto relationship verification or adult child financial need, incorporating Madjeric v Madjeric and Singer v Berghouse principles.
File UCPR Form 5 and the category-specific affidavits within the 9-month statutory timeline, having first served the Notice of Intention within 6 months.
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