Legal Project Management Plan & Checklist
Challenging a Queensland will as caveator: lodge the caveat, support it in time, defend the executor's claim and prepare for a solemn form trial.
How do you stop a grant of probate in Queensland?: A person claiming an interest in the estate may file a caveat in the approved form against a grant, requiring the application to go to a judge, or requiring proof of the will in solemn form; it lasts 6 months and can be renewed by filing a new caveat (Uniform Civil Procedure Rules 1999 (Qld) r 624). The registrar then gives notice stating a date by which the caveator must file and serve a notice to support the caveat, and if none is filed in time the registrar may deal with the application as if there were no caveat (r 625).
What happens after the caveator files a notice in support?: No further step can be taken on the application unless the caveat is set aside or withdrawn, and the applicant may start a proceeding against the caveator seeking the grant, serving the claim at the address for service in the caveat (UCPR r 625(7) to (9)). The applicant may instead apply to set the caveat aside, and if the court does not, it may direct the caveator to start a proceeding within a stated time, failing which the caveat stops having effect (r 626).
Challenging a Queensland will for undue influence or fraud: gather witness and financial evidence, plead the particulars and prepare for a solemn form trial.
Challenging a Queensland will for lack of testamentary capacity: subpoena the medical records, brief a capacity expert and plead incapacity with particulars.
How long does a caveator have to defend the executor's claim?: A notice of intention to defend in the approved form, with the defence attached, must be filed within 28 days after the claim is served, and until then the caveator cannot take a step in the proceeding without leave (UCPR rr 135, 137 and 139).
Jurisdiction: Supreme Court of Queensland. The caveat is filed under UCPR chapter 15 part 7, and in Brisbane a contested proceeding may be placed on the Wills and Estates List under Amended Practice Direction 14 of 2023 where its complexity warrants judicial supervision. Forks address the two main grounds of challenge: lack of testamentary capacity, and undue influence or fraud.
The Process at a Glance: File a caveat in the registry before the grant is made. When the registrar's notice arrives, file and serve the notice in support of the caveat by the date stated. If the executor sues for the grant, file a notice of intention to defend with the defence within 28 days of service of the claim. Gather evidence of the ground of challenge, using subpoenas or notices of non-party disclosure for medical and financial records. Exchange disclosure and expert evidence, attend directions hearings and mediation, and request a trial date when ready. At trial, challenge the executor's evidence and call your own witnesses. If successful, the court refuses probate and the estate passes under an earlier will or on intestacy.
Key Legislation and Case Law: Succession Act 1981 (Qld) s 10 (formal validity) and s 18 (informal wills). Uniform Civil Procedure Rules 1999 (Qld) - rr 624-628 (caveats), rr 135-139 (notice of intention to defend), rr 242-244 (non-party disclosure), rr 414-421 (subpoenas), rr 467-469 (request for trial date). Amended Practice Direction 14 of 2023 (Wills and Estates List). Testamentary capacity is assessed by reference to Banks v Goodfellow (1870) LR 5 QB 549 - the deceased must have understood the nature of making a will, the extent of their property, the claims of those who might expect to benefit, and must have been free from delusion. Undue influence in the testamentary context requires proof of coercion that overpowered the testator's free will.
* 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 Solemn Form Probate (Caveator) 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 |
Draft and file Supreme Court Form 116 Caveat in the probate registry.
File Form 118 Notice in Support of Caveat within 8 days after the registrar serves the Form 117 Notice to Caveator and Applicant.
Draft and file Form 17 Defence to the executor's Statement of Claim.
Attend mediation to seek resolution before trial costs escalate.
Attend trial to contest validity of the will.
Got a question about this plan?
Ask in the practitioner Discord - edge cases, rule changes, and jurisdiction-specific nuances, all in one place.