Legal Project Management Plan & Checklist
Purpose: Welcome to the specialised practitioner roadmap for managing the evidentiary differences between an Adult Child claim and a De Facto Spouse claim in Queensland. Designed explicitly for estate litigation solicitors, this guide addresses claims under s 40 and s 41 of the Succession Act 1981 (QLD). Additional forms are accessible via the Queensland Government Portal.
Jurisdiction: This guide applies to family provision claims in Queensland, Australia, and proceedings within the or District Court. Verify current guidelines on the official .
Governing Legislation: Claims are governed by Part 4 of the Succession Act 1981 (QLD), with procedure defined by UCPR 1999 and Amended Practice Direction 14 of 2023. Queensland's strict actual-estate-only framework applies (no notional estate).
Process at a Glance: Adult child claims and de facto spouse claims require fundamentally different evidentiary focuses. Adult children must prove they were left without adequate provision, focusing heavily on financial need, the cause and context of estrangement, and the size of the estate. Courts apply the Singer v Berghouse two-stage test and the Vigolo v Bostin 'moral duty' analysis. Key case: Madjeric v Madjeric [2025] QDC 126 - adult child entirely excluded from will was awarded $250,000 despite receiving $400K+ in lifetime gifts and having reasonable finances. Testator's statutory declarations explaining reasons for disinheritance carry weight but are NOT determinative. De facto spouses must first establish the 2-year continuous relationship threshold (or have a child of the relationship) before proving dependency and financial need. Courts frequently prioritise surviving spouse needs, especially if elderly, limited income, or needing the family home. In blended family scenarios with competing claims, courts do NOT aim for 'equal' distribution - they correct inadequate provision only. 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 Wills & Estates: Family Provision Application (Applicant) - Adult Child Claim vs. Defacto Spouse Claim 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.
Verify the applicant's relationship and establish whether de facto spouse or adult child criteria apply, assess estrangement causation, and determine evidentiary strategy.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
6-month notice deadline (Succession Act 1981 (Qld) s 41(8)): notice to executor prevents s 44 distribution protection. 9-month filing deadline (s 41(8)): Originating Application must be filed within this period or an extension of time application is required.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Vigolo v Bostin (2005) 221 CLR 191 - moral duty of a 'wise and just testator' extends even to estranged children with genuine need.
Madjeric v Madjeric [2025] QDC 126 - testator's statutory declarations purporting to explain disinheritance for alleged misconduct were given weight but were NOT determinative. The court navigated 'competing narratives of conduct' and still awarded $250,000.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Draft UCPR Form 46 affidavits customized to either de facto relationship verification or adult child financial need, incorporating Madjeric v Madjeric and Singer v Berghouse principles.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
File UCPR Form 5 and the category-specific affidavits within the 9-month statutory timeline, having first served the Notice of Intention within 6 months.
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.
Note per Madjeric v Madjeric [2025] QDC 126: lifetime gifts exceeding $400K did not preclude a $250K award where genuine need existed.
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.