Legal Project Management Plan & Checklist
Purpose of this Guide: This guide gives wills and estates litigators a clear roadmap for contesting a will from the caveator's point of view in Queensland. We cover everything from lodging caveats to handling defence appearances. For extra help, check out the resources on the Queensland Government Portal and the Queensland Legislation Registry.
Jurisdiction: This applies to probate disputes heard in the Supreme Court of Queensland, Australia. Please verify any current guidelines through the Queensland Legislation Registry.
Governing Legislation: Succession Act 1981 (QLD), UCPR 1999 (QLD) Chapter 15 (r 625 caveats), Part 2 (pleadings), Ch 6 (strict particularization of fraud/undue influence under r 149), Ch 7 (disclosure).
Key Forms: You'll likely need Form 104 (Caveat), Form 105 (Notice in Support, which is due within 8 days), Form 106 (Warning to Caveator), Form 8 (Appearance, due within 8 days of the warning), Form 17 (Defence), and Form 19 (List of Documents). Find these forms on the Queensland Government Portal and the Queensland Legislation Registry.
Filing Fees: Filing a caveat costs $819.90, and the appearance fee is typically included. Check the Queensland Government Portal and the Queensland Legislation Registry to confirm.
Key Case Law: Keep in mind Banks v Goodfellow (1870) LR 5 QB 549 (capacity test), Sullivan v Sullivan [2025] QSC 20 (return of common form grant), and Harrison v Cox (No. 2) [2025] QSC 205 (executor removal for self-dealing). More case law and resources are available on the Queensland Government Portal and the Queensland Legislation Registry.
Critical Deadlines: You must file your Form 105 Notice in Support within 8 days of lodging the caveat. Your Form 8 Appearance is due 8 days from being served the warning. If you miss either deadline, your caveat will lapse. Head to the Queensland Government Portal and the Queensland Legislation Registry for more details.
Practice Direction: PD 14 of 2023 (Wills and Estates List), as amended in 2024. Find it on the Queensland Government Portal and the Queensland Legislation Registry.
Process at a Glance: The process usually starts with filing a Form 104 Caveat, which stops a common form grant. You then file Form 105 within 8 days. Keep an eye out for a Form 106 Warning, and if you receive one, file your Form 8 Appearance within 8 days. After that, it's about gathering evidence like medical records and witness statements, reviewing the executor's Form 16 Statement of Claim, and filing a strictly particularized Form 17 Defence. You'll then move to disclosure via Form 19, proceed to mediation, and ultimately trial if things aren't resolved. Check the Queensland Government Portal and Queensland Legislation Registry for the latest procedures.
* 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 (Caveator) 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.
Draft and file Supreme Court Form 104 Caveat in the probate registry.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
UCPR r 625 - a caveat prevents any grant of probate being made in common form while it remains in force.
Critical deadline: Form 105 Notice in Support must be filed within 8 days of the caveat - failure causes the caveat to lapse automatically.
Caveat filing fee: $819.90.
File Form 8 Appearance after executor serves Notice to Caveator within strict 8-day deadline.
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 file Form 17 Defence to the executor's Statement of Claim.
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.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
The propounding party bears the burden of establishing due execution, testamentary capacity, and knowledge and approval - Nock v Austin (1918) 25 CLR 519.
Where suspicious circumstances are raised by the caveator, the propounding party must affirmatively dispel those suspicions - Barry v Butlin [1838] EngR 814.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
UCPR r 149 and Chapter 6 - allegations of fraud, undue influence, and incapacity must be strictly particularised. A defence that merely asserts 'lack of capacity' without specifying the nature of the cognitive deficit, relevant dates, and supporting evidence will be liable to be struck out.
Banks v Goodfellow (1870) LR 5 QB 549 - the 4-part test for testamentary capacity requires the testator to understand the nature of the act and its effects, understand the extent of the property being disposed of, comprehend and appreciate the claims of persons who might expect to benefit, and have no disorder of the mind that poisons affections, perverts the sense of right, or prevents the exercise of natural faculties.