Legal Project Management Plan & Checklist
Purpose of this Guide: Welcome to the practitioner roadmap for drafting comprehensive estate planning documents (Will, Enduring Power of Attorney, and Advanced Health Directive) in Queensland. Designed explicitly for wills and estates lawyers, this guide covers the process under the Succession Act 1981 (QLD) and the Powers of Attorney Act 1998 (QLD). Additional forms are accessible via the Queensland Government Portal.
Jurisdiction: This guide applies to estate planning matters in Queensland, Australia. The governing rules can be verified on the Queensland Government Portal or the state Legislation Registry.
The Process at a Glance: Conduct an initial discovery meeting to gather full details of the client's family structure and asset pool. Assess and document the client's testamentary capacity. Provide tailored advice on appropriate structures (e.g., testamentary trusts) and non-estate assets (e.g., superannuation and joint tenancies). Draft the Will, Enduring Power of Attorney (EPA), and Advanced Health Directive (AHD). Review drafts with the client. Host a formal signing appointment ensuring strict compliance with witnessing requirements under the Succession Act and Oaths Act. Practitioners should check the official and 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 Estate Planning (Testator) 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 TRANSACTIONAL process. Utilize these tracking templates to manage your legal cases efficiently.
Gather complete instructions and confirm the client has legal capacity to make a 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.
Capacity standard: The test for testamentary capacity was established in Banks v Goodfellow (1870) LR 5 QB 549.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Prepare legally binding drafts that reflect the client's wishes.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Ensure the Will and EPA are validly executed and secure.
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.
Drafting constraints: Be mindful of potential family provision claims under the Succession Act 1981 (QLD).
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Statutory framework: EPAs in Queensland are governed by the Powers of Attorney Act 1998 (QLD).
Execution requirements: Strict compliance with the Succession Act 1981 (QLD) and Oaths Act 1867 (QLD) is mandatory to avoid invalidity.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.