---
title: "Mark the Queensland estate heads excluded where the wrong caused the death"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/list-the-damages-the-estate-cannot-recover-where-the-wrong-caused-the-de/queensland"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-FM20261023-3-QLD"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["QLD"]
last_reviewed: "2026-10-25"
---

# Mark the Queensland estate heads excluded where the wrong caused the death

> In a firm-controlled tool, tag each estate head against section 66(2) of the Succession Act 1981, and leave section 66(2A) open only if each dust condition is met. Do not value any head.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/list-the-damages-the-estate-cannot-recover-where-the-wrong-caused-the-de/queensland  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | In a firm-controlled tool, tag each estate head against section 66(2) of the Succession Act 1981, and leave section 66(2A) open only if each dust condition is met. Do not value any head. |
| What the lawyer must review | You decide which exclusions apply. Funeral expenses can be included. Use the dust exception only where the dust condition, a proceeding started before death, and a causal link are met. Keep tobacco injury outside that exception, under section 66(2B). |
| Written for | Queensland |
| Applies to | [List the damages the estate cannot recover where the wrong caused the death](https://ailawframework.com/practice/personal-injury-and-compensation/list-the-damages-the-estate-cannot-recover-where-the-wrong-caused-the-de.md) |

## Checking plan

**Queensland estate exclusions**

The tool tags each estate head against Succession Act s 66(2) and 66(2A). The lawyer decides whether the dust exception is met.

- What the AI does: In a firm-controlled tool, tag each estate head against section 66(2) of the Succession Act 1981, and leave section 66(2A) open only if each dust condition is met. Do not value any head.
- What the lawyer does: Make the legal assessment, check the source material and authorise the output for its intended use.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. Exclude pain and suffering, bodily or mental harm and curtailment of expectation of life under section 66(2)(a), unless every section 66(2A) dust condition is met. Exclude exemplary damages under section 66(2)(b), and future probable earnings under section 66(2)(d)(ii), in any event. Section 66(2A) does not reopen those two heads.
2. Tick the three section 66(2A) conditions separately.
3. If the injury is from smoking, other tobacco use, or tobacco smoke, do not use section 66(2A).
4. Do not look for these exclusions in Part 10. They are in the Succession Act.

## Notes

- Where the act or omission caused the death, section 66(2) of the Succession Act 1981 says the estate's damages shall not include damages for pain and suffering, bodily or mental harm, or curtailment of expectation of life, shall not include exemplary damages, shall be calculated without reference to loss or gain to the estate consequent on the death except that a sum for funeral expenses may be included, and shall be calculated without reference to future probable earnings had the deceased survived. Section 66(2A) allows those excluded pain, harm and curtailment damages if the injury resulted from a dust-related condition, the deceased commenced a proceeding before death, and the condition caused or contributed to the death. Section 66(2B) says that injury does not include injury from smoking or other tobacco use or exposure to tobacco smoke.
- Family, wage and medical records stay in a firm-controlled tool. ASCR r 9 and APP 11 apply. A breach may be notifiable under the Privacy Act 1988 (Cth).

## Practical guide

Jurisdiction: Queensland: estate damages under Succession Act 1981 s 66

**Deliverable**: A marked schedule of estate heads, each tagged excluded or exception-only.

**Inputs**

- Draft estate schedule
- Date any proceeding was started by the deceased
- Cause of death

**Example**: Illustrative example: The death followed asbestos exposure and the deceased had started a proceeding. The tool still leaves section 66(2A) blank until the lawyer accepts that the condition caused or contributed to the death.

**Stop and escalate when**

- Tobacco exposure is the only injury described.
- A pleading is generated from the tags.

Checked 2026-10-23.

## Sources

- [Succession Act 1981 (Qld) s 66](https://classic.austlii.edu.au/au/legis/qld/consol_act/sa1981138/s66.html) (checked 2026-10-23)
- [Civil Proceedings Act 2011 (Qld) Part 10](https://www.legislation.qld.gov.au/view/html/inforce/current/act-2011-045) (checked 2026-10-23)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*