Legal Project Management Plan & Checklist
Purpose of this Guide: Use this fork when the deceased's document purporting to be a will does not meet the formal execution requirements - for example, it was not signed by the deceased, not properly witnessed, or was a draft, an email, a text message, or a handwritten note. Despite these defects, Queensland law allows the court to admit an informal document to probate if it is satisfied the document records the deceased's testamentary intentions. Open this fork when the 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 Queensland authority is Re Masters; Hill v Plum (1994) 33 NSWLR 446 (applied in QLD). 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.
* 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.
Draft affidavits establishing the provenance of the document and deceased's intent.
File Supreme Court Form 5 Originating Application and supporting affidavits.
Attend court hearing and obtain order admitting informal document.
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