Legal Project Management Plan & Checklist
Purpose of this Guide: Welcome to the specialised practitioner roadmap for admitting an informal document to probate under Section 18 of the Succession Act 1981 (QLD). Designed explicitly for estate litigators, this guide covers intent evidence and originating processes. Additional forms are accessible via the Queensland Government Portal.
Jurisdiction: This guide applies to applications in the Supreme Court of Queensland, Australia. Verify current guidelines on the official .
Governing Legislation: Succession Act 1981 (QLD) s 18 (court may dispense with execution requirements). UCPR 1999 (QLD) Chapter 15.
Key Case Law: Lewis v Watson [2025] QSC 35 (s 18 informal will application). Re Estate of Masters [2023] QSC (unsigned draft admitted). Note: the court must be satisfied (1) the document exists, (2) the deceased intended it to form their will, and (3) the document was not subsequently revoked. Additional procedural resources can be found on the Queensland Government Portal and the Queensland Legislation Registry.
Filing Fees: $819.90 Supreme Court filing fee. Additional procedural resources can be found on the Queensland Government Portal and the Queensland Legislation Registry.
Process at a Glance: (1) Analyse informal document (unsigned draft, letter, audio/video, digital note) under s 18. (2) Interview witnesses on testamentary intent. (3) Identify intestacy/prior will beneficiaries as interested parties. (4) Draft supporting affidavits (executor provenance, witness intent). (5) File Form 5 Originating Application ($819.90). (6) Serve interested parties. (7) Attend hearing. 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 (Propounding Executor) - Informal Will Admission Application 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.
Evaluate s18 prospects and gather corroborating evidence of testamentary intent.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Section 18 Succession Act 1981 (QLD) - the court may dispense with execution requirements if satisfied that: (1) A document exists (2) The deceased intended it to form their will (or an alteration/revocation) (3) The document was not subsequently revoked
Lewis v Watson [2025] QSC 35 - successful s 18 informal will application. Re Estate of Masters [2023] QSC - unsigned draft admitted under s 18 where intent clearly established.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Draft affidavits establishing the provenance of the document and deceased's intent.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
File Supreme Court Form 5 Originating Application and supporting affidavits.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
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.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
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 dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.