Legal Project Management Plan & Checklist
Purpose of this Guide: Welcome to the practitioner roadmap for contesting a will from the caveator perspective in Queensland. Designed explicitly for wills and estates litigators, this guide covers caveats and defence appearances. Additional procedural resources can be found on the Queensland Government Portal and the Queensland Legislation Registry.
Jurisdiction: This guide applies to probate disputes in the Supreme Court of Queensland, Australia. Verify current guidelines on the official Queensland Legislation Registry.
Governing Legislation: Succession Act 1981 (QLD), UCPR 1999 (QLD) Chapter 15 (r 625 caveats), Part 2 (pleadings), Ch 6 (strict particularization of fraud/undue influence under r 149), Ch 7 (disclosure).
Key Forms: Form 104 (Caveat), Form 105 (Notice in Support, due within 8 days), Form 106 (Warning to Caveator), Form 8 (Appearance, due within 8 days of warning), Form 17 (Defence), Form 19 (List of Documents). Additional procedural resources can be found on the Queensland Government Portal and the Queensland Legislation Registry.
Filing Fees: Caveat filing: $819.90. Appearance: included. Additional procedural resources can be found on the Queensland Government Portal and the Queensland Legislation Registry.
Key Case Law: Banks v Goodfellow (1870) LR 5 QB 549 (capacity test). Sullivan v Sullivan [2025] QSC 20 (return of common form grant). Harrison v Cox (No. 2) [2025] QSC 205 (executor removal for self-dealing). Additional procedural resources can be found on the Queensland Government Portal and the Queensland Legislation Registry.
Critical Deadlines: Form 105 Notice in Support: 8 days from caveat lodgement. Form 8 Appearance: 8 days from warning service. Caveat lapses if either deadline missed. Additional procedural resources can be found on the Queensland Government Portal and the Queensland Legislation Registry.
Practice Direction: PD 14 of 2023 (Wills and Estates List), amended 2024. Additional procedural resources can be found on the Queensland Government Portal and the Queensland Legislation Registry.
Process at a Glance: (1) File Form 104 Caveat (blocks common form grant). (2) File Form 105 within 8 days. (3) Monitor for Form 106 Warning. (4) File Form 8 Appearance within 8 days of warning. (5) Gather evidence (medical records, witness statements). (6) Review executor's Form 16 Statement of Claim. (7) File Form 17 Defence (strict particularization required). (8) Disclosure (Form 19). (9) Mediation. (10) Trial. Practitioners should check the official Queensland Government Portal and Queensland Legislation Registry for regular procedure updates.
* 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 TRUSTS_ESTATES cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
Draft and file Supreme Court Form 104 Caveat in the probate registry.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
UCPR r 625 - a caveat prevents any grant of probate being made in common form while it remains in force.
Critical deadline: Form 105 Notice in Support must be filed within 8 days of the caveat - failure causes the caveat to lapse automatically.
Caveat filing fee: $819.90.
File Form 8 Appearance after executor serves Notice to Caveator within strict 8-day deadline.
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 Form 17 Defence to the executor's Statement of Claim.
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.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
The propounding party bears the burden of establishing due execution, testamentary capacity, and knowledge and approval - Nock v Austin (1918) 25 CLR 519.
Where suspicious circumstances are raised by the caveator, the propounding party must affirmatively dispel those suspicions - Barry v Butlin [1838] EngR 814.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
UCPR r 149 and Chapter 6 - allegations of fraud, undue influence, and incapacity must be strictly particularized. A defence that merely asserts 'lack of capacity' without specifying the nature of the cognitive deficit, relevant dates, and supporting evidence will be liable to be struck out.
Banks v Goodfellow (1870) LR 5 QB 549 - the 4-part test for testamentary capacity: (1) Understand the nature of the act and its effects (2) Understand the extent of the property being disposed of (3) Comprehend and appreciate the claims of persons who might expect to benefit (4) No disorder of the mind that poisons affections, perverts sense of right, or prevents exercise of natural faculties.