Wills Probate and Administration Practice (Queensland)

Full Table of Contents

Cover Page
Bulletins
- 1 – Introduction
  - 101 Introduction
  - 102 Text flow chart
  - 103 Law claims
  - 104 Miscellaneous
    - 104.1 Preparation and presentation of Supreme Court documents
      - 104.1.1 Title to the proceedings (commonly referred to as ‘the heading’)
      - 104.1.2 First sheet of the document
      - 104.1.3 Fastening
  - 105 Callover procedures – Supreme Court of Queensland in Brisbane
    - 105.1 Long cases
  - 106 Case flow management
- 2 – The Making of a Will
  - 201 Introduction
  - 202 The necessity for a will
    - 202.1 Commending the making of a will
  - 203 Estate planning considerations
    - 203.1 All implications to be considered
  - 204 Receipt of instructions
    - 204.1 A previous will
    - 204.2 List of assets and liabilities
    - 204.3 Family details
    - 204.4 In person
    - 204.5 In private
    - 204.6 Interview approach
    - 204.7 Solicitor proposed as a beneficiary
  - 205 Procedure when client is bedridden
  - 206 Circumstances indicating a lack of testamentary capacity
    - 206.1 A detailed diary note
  - 207 Early execution of the will
  - 208 Testamentary capacity
  - 209 Formal details
  - 210 A guide to instructions
    - 210.1 Name of testator
    - 210.2 Revocation of any prior will
    - 210.3 Wills in contemplation of marriage and a registered relationship
      - 210.3.1 Effect of divorce on a will
    - 210.4 The appointment of an executor
      - 210.4.1 Who to appoint
      - 210.4.2 Number appointed
      - 210.4.3 Willingness to act
      - 210.4.4 Ability to act
      - 210.4.5 Trustee companies and the public trustee
      - 210.4.6 Remuneration of an executor
    - 210.5 Trusteeship
    - 210.6 Living arrangements and responsibility for infant children
    - 210.7 Guardianship of infant children
    - 210.8 Pension considerations
    - 210.9 Death duties
    - 210.10 Specific bequests or devises
      - 210.10.1 Costs of delivery
      - 210.10.2 Clear description
      - 210.10.3 The risk of ademption
      - 210.10.4 Jewellery
    - 210.11 Real property description
    - 210.12 Pecuniary legacies
    - 210.13 General gifts
    - 210.14 Life interests
      - 210.14.1 Pension rate subsidy scheme
    - 210.15 Single asset estates
    - 210.16 A residuary clause
    - 210.17 Beneficiaries
      - 210.17.1 Name
      - 210.17.2 If children or other issue of a testator
      - 210.17.3 Age when beneficiary to take
      - 210.17.4 Substitution provisions
      - 210.17.5 Thirty day survivorship
      - 210.17.6 Unincorporated associations
    - 210.18 Family provision
    - 210.19 Trust and company arrangements
    - 210.20 Forgiveness of debts
    - 210.21 Special provisions for a spendthrift or mentally handicapped person
    - 210.22 Options to purchase
    - 210.23 Where the testator is the sole proprietor of a business
    - 210.23A Testamentary Trusts
      - 210.23A.1 Effect of Ralph Report recommendations on testamentary trusts
    - 210.23B Special disability trusts
    - 210.24 Debts, funeral and testamentary expenses
    - 210.25 Property charged with the payment of debts
    - 210.26 Directions
      - 210.26.1 Funeral arrangements
      - 210.26.2 Organs of the body for therapeutic purposes and directions re stored semen
      - 210.26.3 Provisions for the maintenance of a grave, a pet and other similar arrangements
      - 210.26.4 To pay debts, funeral and testamentary expenses
      - 210.26.5 To sell all or part of the assets of the estate
    - 210.27 Powers
      - 210.27.1 Investment
      - 210.27.2 Advancement
      - 210.27.3 Sale
      - 210.27.4 Distribution in specie (appropriation and partition)
      - 210.27.5 Borrowing
  - 211 Contracts to make a will
  - 212 Drafting the will
    - 212.1 An attestation clause
  - 213 Advice on:
  - 214 Instructions for a codicil
    - 214.1 Caveats when a codicil is drafted
  - 215 Professional negligence
    - 215.1 Responsibility to check apparent due execution when accepting a will into safe custody
  - 216 ‘Will making’ checklist
  - 217 Memorandum of wishes
  - Chapter 2 Appendix
    - Item 1
    - Item 2
    - Item 3
    - Item 4
- 3 – The Execution of a Will
  - 301 Introduction
  - 302 Execution supervised by a solicitor
    - 302.1 The signature of the testator
    - 302.2 The signature of the witness
    - 302.3 The safe custody of the will
    - 302.4 Retrieval and destruction of a revoked will
    - 302.5 The implication of change of address of the testator
    - 302.6 The effect of marriage, divorce and registered relationships
    - 302.7 A review of the will
    - 302.8 Records and details of important information
    - 302.9 ‘Execution of a will’ checklist
  - 303 Execution not supervised by a solicitor
  - 304 Disqualification of a translator
  - 305 Costs
  - Chapter 3 Appendix
    - Item 1
    - Item 2
    - Item 3
- 4 – Estate Administration
  - 401 Introduction
  - 402 Preliminaries
    - 402.1 The funeral
    - 402.2 The location of the will
    - 402.3 Scrutiny of the will
  - 403 Special circumstances requiring urgent attention
  - 404 Urgent application for a grant of representation
  - 405 Establishing the person or persons who will act as personal representative and obtain a grant of representation (if necessary)
    - 405.1 Where the deceased left a will
    - 405.2 Where the deceased died intestate
    - 405.3 Where a person will neither take out a grant nor renounce his or her right to it
  - 406 The initial interview
    - 406.1 Preliminaries
    - 406.2 Particulars
      - 406.2.1 The personal representative
      - 406.2.2 The deceased
      - 406.2.3 The will
      - 406.2.4 The Beneficiaries
      - 406.2.5 The assets of the deceased
      - 406.2.6 Liabilities of the deceased
      - 406.2.7 Litigation
      - 406.2.8 Taxation affairs generally
      - 406.2.8A Insolvent estates
      - 406.2.9 Miscellaneous matters for advice
  - 407 Evidence of the death of the deceased
    - 407.1 Obtaining the certificate of death of the deceased
      - 407.1.1 Obtaining other certificates of death
    - 407.2 Scrutiny of the certificate of death of the deceased
    - 407.3 Leave to swear to the death
    - 407.4 Coroner’s finding
  - 408 Notice to beneficiaries
    - 408.1 Notice to amend the electoral rolls
  - 409 Statutory notice to creditors
  - 410 Preparation of estate inventory
  - 411 Obtaining a grant of representation
    - 411.1 Where necessary
  - 412 Notice of intention to apply for a grant of representation
    - 412.1 Where a grant of probate is being applied for
      - 412.1.1 Address of testator in the will must be incorporated
      - 412.1.2 Where an alias must be incorporated into the grant
      - 412.1.3 Court requirements where a change of address is shown
      - 412.1.4 Court’s requirements where place of death was outside of the testator’s usual place of residence.
      - 412.1.5 Where a co-executor dies after the advertising of a notice
      - 412.1.6 Where deceased a non-resident of Australia and will deals only with estate in Queensland or Australia
    - 412.2 Where a grant of letters of administration with the will is being applied for
    - 412.3 Where a grant of letters of administration on intestacy is being applied for
  - 413 Notice given to the public trustee
    - 413.1 Notice given by post or fax
      - 413.1.1 Date of posting or faxing
  - 414 Grants of representation in common form
    - 414.1 General practice
    - 414.2 Where made
    - 414.3 Solicitor’s Duty to the Court
  - 415 A grant of probate – in common form
    - 415.1 Application for probate
    - 415.2 Affidavit of the executor
      - 415.2.1 Original of will to be proved
      - 415.2.2 Certificate of death of testator
    - 415.3 Affidavit of publication and service
      - 415.3.1 Notice advertised and served
    - 415.4 Any explanatory affidavit or documents required
    - 415.5 Grant of probate
    - 415.6 Affidavit of search
  - 416 Filing fee on application
  - 417 Registry procedure when application filed
  - 418 Attending to requisitions
  - 419 Issue of probate engrossment
  - 421 A grant of letters of administration with the will
    - 421.1 Application for a grant of letters of administration with the will
    - 421.2 Affidavit of the applicant
    - 421.3 Affidavit of publication and service
    - 421.4 Any explanatory affidavit or documents required
    - 421.5 Grant of letters of administration with the will
    - 421.6 Affidavit of search
  - 422 Subsequent procedure
  - 423 A grant of letters of administration (of an intestate’s estate)
    - 423.1 Application for letters of administration on intestacy
    - 423.2 Affidavit of applicant
    - 423.3 Affidavit of publication and service
    - 423.4 Grant of letters of administration
    - 423.5 Affidavit of search
  - 424 Subsequent procedure
  - 425 Unusual applications
    - 425.1 Urgent applications
      - 425.1.1 Urgent applications in intestacy
    - 425.2 Probate of a copy of a will where the original has been lost
    - 425.3 A grant of representation to the guardian of an infant where an infant is entitled to the grant
    - 425.4 Limited grants
    - 425.5 Applications authorised by the Trustee Companies Act 1968
    - 425.6 Retraction of a renunciation
    - 425.7 Removal of a personal representative
      - 425.7.1 Removal under the Rules of Court.
      - 425.7.2 Removal under s 6, Succession Act
      - 425.7.3 Removal under s 31, Public Trustee Act 1978
    - 425.8 Revocation of a grant
  - 426 Proof of a will in solemn form
  - 427 Exemplification of probate or letters of administration with the will
  - 428 Reseal of a grant
    - 428.1 Documents to be filed or lodged
      - 428.1.1 Affidavit of the applicant
      - 428.1.2 Grant to be resealed
      - 428.2.1 Issuing of reseal
  - 429 Transmission applications
    - 429.1 Introduction
    - 429.2 Company shares, debentures or interests
    - 429.3 Production of the grant of representation
    - 429.4 Section 1071(B), Corporations Law
  - 430 Interests in land under the Land Title Act 1994 and the Land Act 1994 and water allocations under the Water Act 2000
    - 430.1 Preparation and presentation of the forms
    - 430.2 Registration fee
    - 430.3 Requisitions
  - 431 Commentary on Form 5 – transmission application by personal representative (grant in Queensland)
  - 432 Commentary on form 5A – transmission application by personal representative (no grant in Queensland)
    - 432.1 Where the deceased registered proprietor/lessee/mortgagee left a will and the proposed applicant would be entitled to a grant of representation ie probate or letters of administration with the will annexed (but has not obtained such a grant)
    - 432.2 Where the deceased registered proprietor/lessee/mortgagee died intestate and the proposed applicant is entitled, in the opinion of the Registrar of Titles, to a grant of letters of administration (but has not made an application for one)
  - 433 Commentary on Form 6 – transmission application for registration as devisee/legatee (with the written consent of the personal representative or person entitled to appointment as such)
    - 433.1 Consent of personal representative on form 6
  - 434 Documents lodged with transmission applications
  - 435 Advertising requirements
  - 436 Change of ownership notifications
  - 437 Record of death applications
    - 437.1 Introduction
  - 438 Interests in land under the Land Title Act 1994 and the Land Act 1994
    - 438.1 Form
    - 438.2 Commentary on form 4
    - 438.3 Lodgement fee
    - 438.4 Documents lodged with application
    - 438.5 Requisitions
    - 438.6 Notifications of change of ownership
  - 440 Sale of estate assets
    - 440.1 Sale of real estate
    - 440.2 Sale of Crown leaseholds
    - 440.3 Sale of an estate asset where the personal representative/trustee is the proposed purchaser
  - 441 The payment of debts
  - 442 Barring of claims
  - 443 Investment of estate pending distribution to beneficiaries
  - 444 Distribution to beneficiaries
    - 444.1 Preliminary considerations
    - 444.2 Recovery of benefit incorrectly paid
  - 445 Deductions from benefit to be distributed
  - 446 Additions to benefit to be distributed
  - 447 Distribution of benefits to beneficiaries
    - 447.1 Distributions in specie generally
      - 447.1.1 Duty issues
      - 447.1.2 Capital gains tax issues
    - 447.2 Distributions in specie/appropriations of real estate, Crown leaseholds and interests therein
    - 447.3 Establishment of trusts provided for in the will
    - 447.4 Life interests
    - 447.5 Interim distributions
  - 448 The application of funds for or towards an infant’s maintenance, education, advancement or benefit
  - 449 Application of income or capital for or towards maintenance, education, advancement or benefit of a beneficiary of full age
  - 450 Distribution on intestacy
    - 450.1 Where the intestate died prior to 1 May 1998
    - 450.2 Where the intestate died on or after 1 May 1998 but before 1 April 2003
    - 450.3 Where the intestate died on or after 1 April 2003
    - 450.4 Status of Children Act1978
    - 450.5 Formalities of transfer or distribution of benefits
  - 451 Accounting to beneficiaries
    - 451.1 Entitlement
    - 451.2 Forms of accounts
      - 451.2.1 Simple form
      - 451.2.2 Estates involving a distribution in specie and cash distributions
      - 451.2.3 Income and capital accounts
    - 451.3 Presentation of estate accounts to beneficiaries entitled to receive same
    - 451.4 Personal representative’s right to a release under seal
  - Chapter 4 Appendix
    - Item 1
    - Item 2
    - Item 11
    - Item 14
    - Item 15
    - Item 16
    - Item 16A
    - Item 17
    - Item 18
    - Item 19
    - Item 19A
    - Item 20
    - Item 21
    - Item 22
    - Item 23
    - Item 24
    - Item 27
    - Item 28
    - Item 29
    - Item 30
    - Item 32
    - Item 33
    - Item 34
    - Item 36
    - Item 37
    - Item 38
    - Item 39
    - Item 40
    - Item 41
    - Item 42
    - Item 45
    - Item 46
    - Item 47
    - Item 48
    - Item 49
    - Item 50
    - Item 51
    - Item 52
    - Item 54
    - Item 55
    - Item 55A
    - Item 56
    - Item 57
    - Item 58
    - Item 60
    - Item 61
    - Item 61A
    - Item 62
    - Item 63
    - Item 64
- 5 – Costs
  - 501 Solicitors costs
  - 502 ‘Professional’ work
    - 502.1 Brief history of regulations applying to professional work
    - 502.2 Current legislation applying to professional work
  - 503 Disclosure statements and costs agreements
    - 503.1 Disclosure of costs
      - 503.1.1 Disclosure of costs to clients
      - 503.1.2 Disclosure of another law practice retained
      - 503.1.3 Exceptions to disclosure
      - 503.1.4 Additional disclosure where litigation matter settled
      - 503.1.5 Ongoing disclosure obligation
    - 503.2 Costs agreements
      - 503.2.1 Form of costs agreement
      - 503.2.2 Conditional costs agreements
      - 503.2.3 Interest on unpaid costs
      - 503.2.4 Setting aside a costs agreement
    - 503.3 Statutory scales applying to ‘solicitor and own client costs’
    - 503.4 Ethical considerations
  - 504 The general form of a solicitor’s bill of costs (referred to as a ‘lump sum bill’)
    - 504.1 Effect of a Solicitor’s First Bill of Costs
    - 504.2 A bill subject to a reservation or condition
    - 504.3 A ‘say’ bill
  - 505 Payment of the solicitor’s bill/trust account transfers
  - 506 An itemised bill
  - 507 The preparation and presentation of a ‘solicitor and own client’ itemised bill
  - 508 Signing the bill
  - 509 Giving the bill to the client
  - 510 Challenge to the solicitor’s bill
    - 510.1 Application by a client or third party
    - 510.2 Liability for the costs of assessment
      - 510.2.1 Application of the 15% rule
      - 510.2.2 Application of the 15% rule where costs are ordered to be paid out of a fund
    - 510.3 Application for assessment
    - 510.4 The costs assessor’s role
    - 510.5 The costs assessor’s reasons
    - 510.6 Review of costs assessor’s decision
  - 511 The nature of the contract between a solicitor and client
  - 512 Withdrawal from a matter by a solicitor
  - 513 Unusual expenses
  - 514 Unnecessary costs
  - 515 Costs on an indemnity basis in an application under Part IV – (Family Provision) of the Succession Act
  - 516 Standard costs cf indemnity costs
    - 516.1 Further comments on standard costs
      - 516.1.1 Counsel’s fees
    - 516.2 Agents’ fees
    - 516.3 Expert fees
    - 516.4 Costs of the issues
    - 516.5 Costs of a successful party in counterclaim
    - 516.6 Privileged documents
  - 517 Further comments on indemnity costs
    - 517.1 Indemnity costs – Queensland
  - 518 Costs of obtaining a grant required to institute proceedings
  - 519 Overview of differences – standard, indemnity and ‘solicitor and own client’ costs
  - 520 A Solicitor’s Lien
  - 521 A solicitor/executor
  - Chapter 5 Appendix
    - Item 1
    - Item 2
    - Item 3
    - Item 4
    - Item 5
- 6 – Executor’s Commission
  - 601 Introduction
  - 602 Agreement by beneficiaries to pay commission
  - 603 Quantum of commission likely to be awarded
    - 603.1 ‘A rule of thumb’
  - 604 Estate corpus and income on which commission is awarded
  - 605 Time when the application is made
  - 606 Where the executor has been left a legacy
  - 607 Commission payable to trustee companies
  - 608 The Public Trustee
  - 609 Apportionment of commission
  - 610 Procedures for making an application
  - Chapter 6 Appendix
    - Item 1
    - Item 2
    - Item 3
    - Item 4
    - Item 5
- 7 – Family Provision
  - 701 Introduction
  - 702 Eligible applicants
    - 702.1 If the deceased died prior to 1 April 2003
    - 702.2 If the deceased died on or after 1 April 2003
    - 702.3 General Comments
  - 703 Time limitation to bring an application
    - 703.1 Summary of time limitation
  - 704 Applications out of time
  - 705 Ascertaining all relevant particulars from the proposed applicant
  - 706 General information
    - 706.1 Domicile of the deceased
  - 707 Basic Personal details of the proposed applicant
    - 707.1 Marital status
    - 707.2 State of health, including mental health/incapacities
    - 707.3 Name, age and date of birth of any children or dependants of the proposed applicant
    - 707.4 Station in life
  - 708 Deceased’s maintenance or support of the proposed applicant, whether direct or indirect
  - 709 Financial circumstances of the proposed applicant
  - 710 Contribution to build up of the deceased’s estate by the proposed applicant
  - 711 Relationship with the deceased
  - 712 The value and location of the estate of the deceased
  - 713 Competing or other claims on the estate of the deceased
  - 714 Any grounds for disentitlement or reduction of provision
  - 715 Considerations relevant to specific categories of applicant
    - 715.1 Widows/widowers simpliciter (whether first or subsequent)
    - 715.2 Widows/widower – divorced
    - 715.3 Widows/widowers – de facto
    - 715.4 Infant children
    - 715.5 Adult daughters
    - 715.6 Adult sons
    - 715.7 Step-children
    - 715.8 Other dependants
  - 716 Details to be obtained from a beneficiary to resist a claim
  - 717 The personal representative
  - 718 Brief to counsel
  - 719 Procedure to be followed in making application
    - 719.1 An application made in the Supreme Court
    - 719.2 An application made in the District Court
    - 719.3 Disclosure and inspection of documents
  - 719A Effect of Practice Directions
  - 720 Case tables
    - 720.1 Recent Decisions
  - 721 Settlement
    - 721.1 Settlement offers under Chapter 9 Part 5
    - 721.2 Formalities and rules applicable to Chapter 9 Part 5 offers
  - 722 When a settlement has been reached
    - 722.1 Order by a judge
    - 722.2 Consent order by the registrar under R.666
      - 722.2.1 Draft consent order
      - 722.2.2 Consent to order of registrar
      - 722.2.3 Affidavit by solicitor for the applicant
      - 722.2.4 Form of acknowledgement and consent – exhibit “A”
      - 722.2.5 Covering letter to the registrar
      - 722.2.6 Infant beneficiaries or unborn potential beneficiaries
  - 723 The hearing
    - 723.1 Obtaining a hearing date
    - 723.2 Preliminary matters
  - 724 Final Order
  - 725 Taking out of orders
    - 725.1 In the Supreme Court
    - 725.2 In the District Court
    - 725.3 Service of order
  - 726 Taxation implications of a court order and deed of compromise
    - 726.1 Stamp duty
    - 726.2 Capital gains tax
  - 727 Position of the executor when an application is made
  - 728 The Applicant is an executor and a beneficiary
  - 729 Position of a beneficiary when an application is made
  - 730 Position of an infant beneficiary when an application is made
    - 730.1 Litigation Guardian
  - 731 Position of parent or guardian of an infant making an application
  - 732 Sanction of a settlement involving an infant
  - 733 Costs
  - 734 Appeals
    - 734.1 In the Supreme Court
    - 734.2 In the District Court
    - 734.3 Miscellaneous considerations
  - 735 Mediation and case appraisal
    - 735.1 Mediation
    - 735.2 Case appraisal
  - Chapter 7 Appendix
    - Item 1
    - Item 2
    - Item 3
    - Item 4
    - Item 5
    - Item 6
    - Item 7
    - Item 8
    - Item 9
    - Item 10
    - Item 11
    - Item 12
    - Item 13
    - Item 14
    - Item 15
    - Item 16
- 8 – The Construction of Wills
  - 801 Introduction
  - 802 The solicitor’s own research
  - 803 Counsel’s Opinion
  - 804 Agreement of beneficiaries under deed
  - 805 Stamp duty implications
  - 806 Application to the court
    - 806.1 The originating application
    - 806.2 Commentary on the specimen form of originating application
      - 806.2.1 Parties by representation order
      - 806.2.2 Parties by service
      - 806.2.3 Service out of the jurisdiction
    - 806.3 Supporting affidavit
    - 806.4 Commentary on specimen form of supporting affidavit
    - 806.5 Filing and service of the originating application and supporting affidavit
    - 806.6 Matters usually determined on the return date
    - 806.7 The hearing
    - 806.8 Final order and taking out of order
  - 807 A claim for a declaration
    - 807.1 Endorsement on claim
    - 807.2 An application for judgement
    - 807.3 The hearing
    - 807.4 Taking out of final order
  - 808 A case stated under Chapter 13 Part 5
    - 808.1 Entry of special case for hearing
      - 808.1.1 A hearing before a single judge
      - 808.1.2 A hearing before the Court of Appeal
    - 808.2 Order on a special case argued before the Court of Appeal
  - 809 Stamp duty implications where the court has made an order
  - 810 Words and phrases in wills judicially considered
  - Chapter 8 Appendix
    - Item 1
    - Item 2
    - Item 3
    - Item 4
    - Item 5
    - Item 6
    - Item 7
    - Item 8
Volume 2 – Legislation
- Land Act 1994
  - Division 9: Trusts, deceased estates and bankruptcy
    - 374 Details of trust must be given
    - 374A Interests held in trust must be registered
    - 375 Document of transfer to trustee
    - 375A Document to vest in trustee
    - 376 Deed of grant or lease may issue in name of deceased person
    - 377 Registering personal representative
    - 378 References in documents to a person with an interest in land includes personal representatives etc.
    - 379 Registering beneficiary
    - 380 Applying for Supreme Court order
    - 381 Transmission on bankruptcy
    - 382 Disclaimer in bankruptcy
- Land Title Act 1994
  - Division 6: Trusts, deceased estates and bankruptcy
    - 109 How trusts may be registered
    - 110 Instrument of transfer to trustee
    - 110A Instrument to vest in trustee
    - 111 Registering personal representative
    - 112 Registering beneficiary
    - 113 Form of application
    - 114 Applying for Supreme Court order
    - 115 Transmission on bankruptcy
- Property Law Act 1974
  - Part 5: Concurrent Interest – Co‑ownership
    - Division 1: General rules
      - 33 Forms of co-ownership
      - 34 Power for corporations to hold property as joint tenants
      - 35 Construction of dispositions of property to 2 or more persons together
      - 36 Tenants in common of equitable estate acquiring the legal estate
  - Part 14: Perpetuities and Accumulations
    - 206 Definitions for pt 14
    - 206A When disposition in will made
    - 206B When person to be treated as member of class
    - 207 Application of pt 14
    - 208 Powers of appointment
    - 209 Power to specify perpetuity period
    - 210 “Wait and see” rule
    - 211 Power to apply to court for declaration as to validity
    - 212 Presumptions and evidence as to future parenthood
    - 213 Reduction of age and exclusion of class members to avoid remoteness
    - 214 Unborn husband or wife
    - 215 Dependent dispositions
    - 216 Abolition of the rule against double possibilities
    - 217 Restrictions on the perpetuity rule
    - 218 Options
    - 219 Determinable interests
    - 220 Trustee powers and superannuation funds
    - 221 Non-charitable purpose trusts
    - 222 Accumulation of income
- Succession Act
  - Part 1: Preliminary
    - 1 Short title
    - 4 Application
    - 5 Definitions
    - 5AA Who is a person’s “spouse”
    - 5A Reference to child or issue of a person
    - 5B Reference to estate of deceased person
    - 5C Notes in text
    - 6 Jurisdiction
  - Part 2: Wills
    - Division 1: Application of part 2
      - 7 Application of pt 2
    - Division 2: Making a will
      - 8 Property that may be disposed of by will
      - 9 Minimum age for making a will
      - 10 How a will must be executed
      - 11 When an interested witness may benefit from a disposition
      - 12 When an interpreter may benefit from a disposition
    - Division 3: Revoking, altering or reviving a will
      - 13 How a will may be revoked
      - 14 Effect of marriage on a will
      - 14A Effect of registered relationship on a will
      - 15 Effect of divorce or annulment on a will
      - 15A Effect of end of registered relationship on a will
      - 16 How a will may be altered
      - 17 How a revoked will may be revived
    - Division 4: Powers of court
      - Subdivision 1: Execution requirements
        
        18 Court may dispense with execution requirements for will, alteration or revocation
      - Subdivision 2: Minors
        
        19 Court may authorise minor to make, alter or revoke a will
        
        20 Execution of will or other instrument made under order
      - Subdivision 3: Persons without testamentary capacity
        
        21 Court may authorise a will to be made, altered or revoked for person without testamentary capacity
        
        22 Leave to apply for s 21 order
        
        23 Information required by court in support of application for leave
        
        24 Matters court must be satisfied of before giving leave
        
        25 Hearing an application for leave or for an order
        
        26 Execution of will or other instrument made under order
        
        27 Validity of will or other instrument made under order
        
        28 Relationship with Guardianship and Administration Act 2000 and Powers of Attorney Act 1998
      - Subdivision 4: Particular wills held by registrar
        
        29 Registrar to hold will or other instrument made under order under s 19
        
        30 Registrar to hold will or other instrument made under order under s 21
        
        31 Envelope required for will held by registrar
        
        32 Delivery of will or other instrument if testator has died
      - Subdivision 5: Rectification
        
        33 Court may rectify a will
        
        33A Protection of personal representatives who distribute as if the will had not been rectified
    - Division 5: Interpretation of wills
      - 33B Beneficiaries must survive testator for 30 days
      - 33C Use of evidence to interpret a will
      - 33D Effect of a change in testator’s domicile
      - 33E When a will takes effect
      - 33F Will operates to dispose of remaining interest in property if part interest disposed of before death
      - 33G Effect of a failure of a disposition of property
      - 33H Income of contingent, future or deferred disposition of property
      - 33I What a general disposition of land includes
      - 33J What a general disposition of property includes
      - 33K Effect of a disposition of real property without words of limitation
      - 33L How dispositions of property to issue operate
      - 33M How requirements to survive with issue are interpreted
      - 33N Dispositions not to fail because issue have died before testator
      - 33O Disposition of real estate or personal estate may include both in particular case
      - 33P Disposition of fractional part in particular case
      - 33Q Dispositions to unincorporated associations of persons
      - 33R When a person may delegate power to dispose of property by a will
      - 33S Effect of reference to valuation in will
    - Division 6: Wills with a foreign connection
      - 33T Wills that are taken to be properly executed
      - 33U Deciding system of law to apply if more than 1 system of internal law
      - 33V Formal requirements at time of execution apply
      - 33W Matters that are taken to be formal requirements
      - 33X Will by minor made under an order of a foreign court
      - 33Y Recognition of statutory wills made by non-Queensland resident
    - Division 7: Miscellaneous
      - 33Z Persons entitled to inspect a will or to obtain a copy of a will
  - Part 3: Distribution on Intestacy
    - Division 1: Interpretation
      - 34 Interpretation
      - 34A Meaning of “household chattels”
      - 34B Meaning of “shared home” and related definitions
    - Division 2: Distribution rules
      - 35 Distribution of residuary estate on intestacy
      - 36 Distribution of entitlement if more than 1 spouse
      - 36A Distribution of issue’s entitlement
      - 37 Distribution of next of kin’s entitlement
      - 38 Partial intestacies
      - 39 Construction of documents—references to statutes of distribution—meaning of “heir”
    - Division 3: Provisions about shared home
      - 39A Election by spouse to acquire shared home
      - 39B Restriction on right to elect to acquire shared home
      - 39C Acquisition of shared home under election
      - 39D Personal representative not to dispose of intestate’s interest in shared home pending election or if election made
  - Part 4: Family Provision
    - 40 Definitions for pt 4
    - 40A Meaning of “stepchild”
    - 41 Estate of deceased person liable for maintenance
    - 42 Court may vary order
    - 43 Manner of computing duty on estate
    - 44 Protection of personal representative
  - Part 5: Administration
    - Division 1: Devolution of property probate and administration
      - 45 Devolution of property on death
      - 46 Cesser of right of executor to prove
      - 47 Executor of executor represents original testator
      - 48 Provisions as to the number of personal representatives
      - 49 Particular powers of personal representatives
      - 49A Personal representatives may make particular maintenance distribution
      - 50 Rights and liabilities of administrators
      - 51 Abolition of administration bond and sureties
      - 52 The duties of personal representatives
      - 52A Liability of executors for waste
      - 53 Effect of revocation of grant
      - 54 Protection of persons acting informally
    - Division 2: Administration of Assets
      - 55 Definitions for div. 2
      - 56 Property of deceased assets for the payment of debts
      - 57 Payment of debts in the case of insolvent estates
      - 58 Retainer, preference and the payment of debts by personal representatives
      - 59 Payment of debts in the case of solvent estates
      - 60 Payment of pecuniary legacies
      - 61 Payments of debts on property mortgaged or charged
  - Part 5A: Testamentary Appointment of Guardians of Children
    - Division 1: Preliminary
      - 61A Definitions for pt 5A
      - 61B Application of pt 5A
    - Division 2: Appointment of testamentary guardian
      - 61C Appointment of guardian by will
      - 61D When the appointment takes effect
      - 61E Effect of appointment
      - 61F Testamentary guardian to act jointly with other guardians
    - Division 3: Applications to the Supreme Court
      - 61G Application by testamentary guardian
      - 61H Application by parent
      - 61I Supreme Court decision on application
      - 61J Supreme Court’s powers not limited
  - Part 6: Miscellaneous
    - 65 Presumption of survivorship
    - 66 Survival of actions
    - 68 Commission
    - 69 The registrar
    - 70 Practice
    - 71 Rules of court
    - 72 Service
  - Part 7: Transitional Provisions
    - Division 1: Transitional provision for Succession Amendment Act 1997
      - 73 Application of amendments made by Succession Amendment Act 1997
      - 74 Application of amendments made by Discrimination Law Amendment Act 2002
    - Division 3: Transitional provision for Civil Liability (Dust Diseases) and Other Legislation Amendment Act 2005
      - 75 Application of amendment made by Civil Liability (Dust Diseases) and Other Legislation Amendment Act 2005
    - Division 4: Transitional provision for Succession Amendment Act 2006
      - 76 Transitional provision for Succession Amendment Act 2006
  - Schedule 1: Acts Repealed or Amended
  - Schedule 2: Distribution of Residuary Estate on Intestacy
    - Part 1: Intestate Survived by Spouse
    - Part 2: Intestate not Survived by Spouse
- Trusts Act 1973
  - Part 1: Preliminary
    - 1 Short title
    - 4 Application
    - 5 Definitions
    - 5A Meaning of investment etc. on the security of property
    - 6 Exercise of Powers
    - 7 Exercise of powers by statutory trustee
    - 7A Effect of exercise of powers
    - 8 Application to court to review acts and decisions
    - 9 Effect of conversion of property under statutory power
  - Part 2: Appointment and Discharge of Trustees – Devolution of Trusts
    - 10 Application of part
    - 11 Limitation of the number of trustees
    - 12 Power of appointing new trustees
    - 13 Evidence as to a vacancy in a trust
    - 14 Retirement of trustee without a new appointment
    - 15 Vesting of trust property in new and continuing trustees
    - 16 Devolution of trust assets and trust powers upon death
    - 17 Devolution of mortgage estates on death
    - 18 Disclaimer of trusts on renunciation of probate
    - 19 Custodian trustees
  - Part 3: Investments
    - 20 Application of particular provisions
    - 21 Power of trustee to invest
    - 22 Duties of trustee in relation to power of investment
    - 23 Law and Equity Preserved
    - 24 Matters to which trustee must have regard in exercising power of investment
    - 25 Powers of trustee in relation to securities
    - 26 Investment in securities under RITS
    - 27 Power of trustee as to calls on shares
    - 28 Power to purchase dwelling house as residence for beneficiary
    - 29 Power of trustee to retain investments
    - 30 Loans and investments by trustees not breaches of trust in particular circumstances
    - 30A Limitation of liability of trustee for loss on improper investments
    - 30B Court may take into account investment strategy etc. in action for breach of trust
    - 30C Power of court to set off gains and losses arising from investment
  - Part 4: General Powers of Trustees
    - 31 Application of part
    - 32 Powers to sell, exchange, partition, postpone, lease etc
    - 33 Miscellaneous powers in respect of property
    - 34 Power of trustee to sell by auction etc.
    - 35 Power to sell subject to depreciatory conditions
    - 36 Mortgage on sale of land
    - 37 Deferred payment on sale of property
    - 38 Surrender of onerous leases or property
    - 39 Power to renew leases
    - 40 Power to purchase equity of redemption in lieu of foreclosure
    - 41 Release of equity of redemption in discharge of mortgage debt
    - 42 Application of income by trustee-mortgagee in possession
    - 43 Power of trustee to give receipts
    - 44 Power to compound liabilities
    - 45 Power to raise money by sale or mortgage
    - 46 Protection to purchasers and mortgages dealing with trustees
    - 47 Insurance
    - 48 Application of insurance money
    - 49 Deposit of documents for safe custody
    - 50 Reversionary interests
    - 51 Valuations
    - 52 Audit
    - 53 Power to concur with others
    - 54 Power to employ agents
    - 55 Protection of financial institutions
    - 56 Power to delegate trusts
    - 57 Power to carry on business
    - 58 Power to convert business into a company
    - 59 Trustee may sue himself or herself in a different capacity
  - Part 5: Maintenance, Advancement and Protective Trusts
    - 60 Application of part
    - 61 Power to apply income for maintenance etc. and to accumulate surplus income during a minority
    - 62 Power to apply capital for advancement etc.
    - 63 Conditional advances for maintenance etc.
    - 64 Protective trusts
  - Part 6: Indemnities and Protection of Trustees Etc
    - 65 Application of part
    - 66 Protection against liability in respect of rents and covenants
    - 67 Protection of trustees by means of advertisements
    - 68 Barring of claims
    - 69 Protection in regard to notice when a person is trustee etc. of more than 1 estate or trust
    - 70 Exoneration of trustees in respect of certain powers of attorney
    - 71 Implied indemnity of trustees
    - 72 Reimbursement of trustee out of trust property
    - 73 Delivery of life chattels to life tenant
    - 74 Delivery of chattels to infant
    - 75 Personal representatives relieved from personal liability in respect of calls made after transfer of shares
    - 76 Power of court to relieve trustee from personal liability
    - 77 Power of court to make beneficiary indemnify for breach of trust
    - 78 Abolition of rule in Allhusen v Whittell
  - Part 7: Further Powers of the Court
    - Division 1: Application of part
      - 79 Application of part
    - Division 2: Appointment of new trustees
      - 80 Power of court to appoint new trustees
      - 81 Powers of new trustees
    - Division 3: Vesting Orders
      - 82 Vesting orders
      - 83 In whom property to be vested etc.
      - 84 Orders as to contingent rights of unborn persons
      - 85 Vesting order in place of conveyance by mortgagee under disability
      - 86 Contracts by guardians on behalf of infants
      - 87 Vesting orders etc. in relation to infant’s beneficial interests
      - 88 Vesting order consequential on order for sale or mortgage of land
      - 89 Vesting order consequential on judgment for specific performance
      - 90 Effect of vesting order
      - 91 Directions etc. as to transferring stock etc
      - 92 Power to appoint persons to convey
      - 93 Vesting orders of charity property
    - Division 4: Jurisdiction to make other orders
      - 94 Court’s jurisdiction to make other orders
      - 95 Power of court to authorize variations of trust
      - 96 Right of trustee to apply to court for directions
      - 97 Protection of trustees while acting under direction of court
      - 98 Persons entitled to apply to court
      - 99 Power of court to make orders in absence of parties
      - 100 Power of court to charge costs on trust estate
      - 101 Remuneration of trustee
      - 102 Payment into court by trustee
  - Part 8: Charities
    - 103 Meaning of charity
    - 104 Inclusion of non-charitable purpose not to invalidate trust
    - 105 Occasions for applying property cy pres
    - 106 Proceedings in case of charitable trust
  - Part 9: Gifts by Particular Trusts for Philanthropic Purposes
    - 107 Definitions for pt 9
    - 108 Prescribed trust – trust instrument containing express power to give to eligible recipients
    - 109 Prescribed trust – trust instrument not containing express power to give eligible recipients
    - 110 Ancillary provisions
  - Part 10: Miscellaneous
    - 111 Application of part
    - 112 Indemnity
    - 113 Remedies for wrongful distribution of trust property
    - 114 Fees and commission deemed a testamentary expense
    - 115 Costs of inquiring regarding beneficiaries
    - 116 Local governments may be trustee for certain purposes
    - 117 Requirements upon certain transfers to local government
    - 118 Approval of forms
  - Part 11: Transitional Provision for Trusts (Investments) Amendment Act 1999
    - 119 Transitional provision for Trusts (Investments) Amendment Act 1999
  - Part 12: Transitional Provisions for Criminal Proceeds Confiscation and Other Acts Amendment Act 2009
    - 120 Definitions for pt 12
    - 121 Application of pt 9 to existing trusts
    - 122 Validation
- Uniform Civil Procedure Rules 1999
  - Chapter 15: Probate and Administration
    - Part 1: Introduction
      - 596 Definitions for Chapter 15
    - Part 2: Grants
      - 597 Application for grant
      - 598 General notice of intention to apply for grant
      - 599 Requirements for notice of intention to apply for grant
      - 600 Registrar may make inquiries
      - 601 When registrar may make grant
    - Part 3: Probate and Letters of Administration with the Will
      - 602 Contents of supporting affidavit
      - 603 Priority for letters of administration with the will
      - 604 Evidence of proper attestation of will
      - 605 Interlineations, alterations and erasures
      - 606 Documents mentioned in or attached to will
      - 607 Wills made by blind or illiterate persons
      - 608 Marginal note
    - Part 4: Letters of Administration on Intestacy
      - 609 Contents of supporting affidavit on intestacy
      - 610 Priority for letters of administration
      - 611 Grant to attorney of absent person or person without prior right
      - 612 Court not to make grant on intestacy within 30 days after death
      - 613 Limited administration
      - 614 Limited and special administration
    - Part 5: Resealing Grants under British Probates Act 1898
      - 615 Application of part
      - 616 Who may apply for reseal of foreign grant
      - 617 Notice of intention to apply for reseal
      - 618 Production of grant and testamentary papers
      - 619 Special, limited and temporary grants
      - 620 Notice to original court
    - Part 6: Certain Proceedings under the Public Trustee Act 1978
      - 621 Order to administer
      - 622 Revocation of order to administer
    - Part 7: Caveats
      - 623 Definitions for pt 7
      - 624 Caveats by person objecting
      - 625 Caveat procedure
      - 626 Setting aside caveat
      - 627 Withdrawal of caveat
      - 628 Effect of caveat filed on day of grant
    - Part 8: Contested Proceedings
      - 629 Definitions for pt 8
      - 630 Application of pt 8
      - 631 Statement of nature of interest
      - 632 Affidavit of scripts
      - 633 Notice to persons with beneficial interest
      - 634 Notice of intention to intervene
      - 635 Claim to name defendants
      - 636 Grant to be filed
    - Part 9: Miscellaneous
      - 637 Subpoenas
      - 638 Administration pending proceedings
      - 639 Grants to young persons
      - 640 Proof in solemn form
      - 641 Notice of revocation or alteration of resealed Queensland grant
      - 642 Revocation of grants and limited grants
      - 643 Relief against neglect or refusal by executor, administrator or trustee
    - Part 10: Assessment of Estate Accounts
      - 644 Definitions for pts 10 and 11
      - 645 Application by beneficiary for filing, assessing and passing estate account
      - 646 Requirements for making application for filing, assessing and passing estate account
      - 647 Application by trustee for assessing and passing estate account
      - 648 Requirements of estate account
      - 649 Filing estate account and notice of objection
      - 650 Referral of issue to costs assessor
      - 651 Procedure on assessment
      - 652 Powers of account assessor
      - 653 No participation by party
      - 654 Issue or question arising
      - 655 Notice of adjournment
      - 656 Conflict of interest
      - 657 Certificate of account assessment
      - 657A Written reasons for decision
      - 657B Passing estate account
      - 657C Application for commission
      - 657D Court may require filing of estate account
      - 657E Decision on application for commission
      - 657F Other orders and agreements
  - Forms

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