Solemn Form Probate (Propounding Executor) - Informal Will Admission Application

What evidence can the court consider on a section 18 application?: In addition to the document itself, evidence about the way it was executed and any evidence of the deceased's testamentary intentions, including statements the deceased made; those matters do not limit what the court may consider (Succession Act 1981 (Qld) s 18(3) and (4)). Use this fork when a draft, note, email, message or defectively witnessed document exists and there is evidence it reflects what the deceased wanted.

Jurisdiction: Supreme Court of Queensland (Trial Division - Probate).

The Process at a Glance: Gather all evidence that the document was intended by the deceased to operate as their will or to alter an existing will - handwriting analysis, statements from people the deceased told about its contents, emails or messages referring to the document, and circumstances surrounding its creation. Brief an expert if necessary. File the application to admit the informal will under s 18 of the Succession Act 1981 (QLD). Serve on all persons with an interest in the estate. The court examines the evidence and, if satisfied of the deceased's intention, admits the document to probate.

Key Legislation and Case Law: Succession Act 1981 (QLD) s 18 gives the court discretion to admit a document to probate if it is satisfied the document records the deceased's testamentary intentions even if not formally executed. The leading authority is Estate of Masters (deceased); Hill v Plummer (1994) 33 NSWLR 446, a New South Wales Court of Appeal decision applied in Queensland. The test is whether the document was intended to constitute the deceased's will, not whether it would operate as one under the formal rules.

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