Legal Project Management Plan & Checklist
Purpose of this Guide: Welcome to the practitioner roadmap for proving a will in Solemn Form from the propounding executor perspective in Queensland. Designed explicitly for estate litigation lawyers, this guide covers processes under the Succession Act 1981 (QLD) and UCPR.
Jurisdiction: This guide applies to contentious probate trials in the Supreme Court of Queensland, Australia. Verify current guidelines on the official Queensland Legislation Registry.
Governing Legislation: Succession Act 1981 (QLD) s 10 (formal requirements), s 18 (informal wills), s 33M (revocation). UCPR 1999 (QLD) Part 2 (Pleadings), Chapter 7 (Disclosure), Chapter 15 (Probate).
Filing Fees: Supreme Court claim filing fee: $819.90. QLR publication: $161.70. 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 (testamentary capacity test). Sullivan v Sullivan [2025] QSC 20 (return of common form grant). Lewis v Watson [2025] QSC 35 (s 18 informal will). 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.
Practice Direction: PD 14 of 2023 (Wills and Estates List), amended 2024. Governs all contentious probate proceedings in Brisbane registry. Additional procedural resources can be found on the Queensland Government Portal and the Queensland Legislation Registry.
Process at a Glance: (1) Registry caveat search (Form 104). (2) Review will validity under s 10. (3) Interview attesting witnesses. (4) File Form 2 Claim and Form 16 Statement of Claim. (5) Exchange pleadings (Form 17 Defence, Form 18 Reply). (6) Document disclosure (UCPR Ch 7, Form 19). (7) Mediation (PD 14/2023). (8) Trial with attesting and expert witness evidence. (9) Solemn Form Grant. Additional forms are accessible via the Queensland Government Portal.
* 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 (Propounding Executor) 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.
Conduct registry search for active Form 104 Caveats and review the contested will.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Section 10 Succession Act 1981 (QLD) - formal requirements for valid will execution: (a) Signed by the testator (or at testator's direction) (b) Signature made or acknowledged in the presence of two or more witnesses present at the same time (c) Each witness attests and signs the will in the presence of the testator.
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 Supreme Court Form 2 Claim and Form 16 Statement of Claim to prove the will.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Receive Defences, file Replies, and complete document disclosure.
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.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
The burden of proof lies on the propounding party to establish the will's validity in solemn form - Nock v Austin (1918) 25 CLR 519.
Where suspicious circumstances are raised, the propounding party must affirmatively prove the testator knew and approved of the will's contents - Barry v Butlin [1838] EngR 814.