Legal Project Management Plan & Checklist
Purpose of this Guide: Welcome to the practitioner roadmap for dealing with informal documents in probate under Section 18 of the Succession Act 1981 (QLD). Built specifically for estate litigators, it provides clear guidance on proving intent and handling the required originating processes. Additional forms can be downloaded from the Queensland Government Portal.
Jurisdiction: This guide applies to applications made to the Supreme Court of Queensland, Australia. Be sure to verify the latest guidelines on the .
Governing Legislation: Succession Act 1981 (QLD) s 18 (court may dispense with execution requirements). UCPR 1999 (QLD) Chapter 15.
Key Case Law: Lewis v Watson [2025] QSC 35 (s 18 informal will application). Re Estate of Masters [2023] QSC (unsigned draft admitted). It is important to note that the court requires proof that the document exists, that the deceased intended it to act as their will, and that they did not revoke it later. Further details are available on the Queensland Government Portal and the Queensland Legislation Registry.
Filing Fees: A Supreme Court filing fee of $819.90 applies. Check the Queensland Government Portal and the Queensland Legislation Registry for updates.
Process at a Glance: The process begins by analyzing the informal document—whether it is an unsigned draft, a letter, an audio/video recording, or a digital note—in light of s 18. You will need to interview witnesses to establish testamentary intent and figure out who the interested parties are, like beneficiaries from intestacy or a previous will. Then, you'll draft affidavits supporting the document's origins and the witnesses' statements. Finally, file a Form 5 Originating Application, serve the interested parties, and attend the hearing. As always, keep an eye on the Queensland Government Portal and Queensland Legislation Registry for any procedural changes.
* 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.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
s18 Succession Act 1981 (Qld) - the court may dispense with execution requirements if satisfied that a document exists, the deceased intended it to form their will (or an alteration or revocation), and the document was not subsequently revoked.
Lewis v Watson [2025] QSC 35 - successful s18 informal will application where testamentary intent was established from correspondence. Re Estate of Masters [2023] QSC - unsigned draft admitted under s18 where intent was clearly established from surrounding circumstances.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Draft affidavits establishing the provenance of the document and deceased's intent.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
File Supreme Court Form 5 Originating Application and supporting affidavits.
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.
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.