Legal Project Management Plan & Checklist
Purpose: Welcome to the specialised practitioner roadmap for guiding an executor through the strategic decision of an Active Defence versus a Neutral Stance in Queensland. Designed explicitly for estate litigation solicitors, this guide outlines procedural steps under the Succession Act 1981 (QLD) and UCPR.
Jurisdiction: This guide applies to family provision defences in Queensland, Australia, and proceedings within the Supreme Court or District Court. The governing rules can be verified on the or the state .
Governing Legislation: Governed by Part 4 of the Succession Act 1981 (QLD) and the Uniform Civil Procedure Rules 1999 (UCPR). Relevant provisions include s41for rateable burdens, UCPR Rule 681 (costs), and UCPR Rule 700A (proportionality).
Process at a Glance: Executors must choose between an Active Defence (when the executor is also a beneficiary or defending large estate assets) and a Neutral Stance (submitting to the court's direction to preserve estate funds when the claim is strong). The process involves strategy formulation, preparing defensive Form 46 evidence or drafting UCPR Form 15 Notice of Address for Service indicating submission, evaluating settlement risks prior to mediation, and representing the respondent at mediation. Additional forms are accessible via the Queensland Government Portal.
* 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 (Respondent) - Executor Active Defence vs. Neutral Stance 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 estate size, conflict parameters (including Re Permewan conflict risks), costs indemnity risks, and formulate the executor's legal stance.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Re Permewan (No. 1) [2021] QSC 151 - executor was removed because he controlled the trust that was party to sham transactions AND was the sole beneficiary. Demonstrates the risk of executor conflicts of interest in family provision proceedings.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Per Singer v Berghouse (1994) 181 CLR 201, costs in family provision cases depend on the 'overall justice of the case'.
Practice Direction 14 of 2023 empowers courts to cap costs for small estates (under $500K) to prevent legal fees devouring the estate.
Uniform Civil Procedure Rules 1999 (Qld) r 700A proportionality: courts have cautioned executors against treating family provision applications as if they were a 'jury trial in a fraud case'.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Madjeric v Madjeric [2025] QDC 126 - testator's explanatory statutory declarations were given weight but were NOT determinative; court navigated 'competing narratives of conduct' and still awarded $250,000.
Draft and file either active defence Form 46 affidavits or a neutral submitting Notice of Address for Service (Form 15), plus the mandatory executor's financial affidavit regardless of stance.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Issue Calderbank offer, evaluate settlement and costs risks, represent executor at mediation, and draft Consent Orders or Deed of Settlement if resolved.
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.