---
title: "Mark the Victorian 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/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-FM20261023-3-VIC"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["VIC"]
last_reviewed: "2026-10-25"
---

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

> In a firm-controlled tool, tag each estate head as excluded. Open pain or suffering, bodily or mental harm, and curtailment of expectation of life only if section 29(2A) is met.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/list-the-damages-the-estate-cannot-recover-where-the-wrong-caused-the-de/victoria  
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 as excluded. Open pain or suffering, bodily or mental harm, and curtailment of expectation of life only if section 29(2A) is met. Leave exemplary damages and future earnings excluded. Do not value any head. |
| What the lawyer must review | You decide which exclusions apply. Funeral expenses can be included. The dust exception needs a dust-related death, a proceeding started before death, and a proceeding still pending. Section 29(2A) restores pain or suffering, bodily or mental harm, and curtailment of expectation of life only. Exemplary damages and future earnings stay out even when that exception is met. |
| Written for | Victoria |
| 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

**Victorian estate exclusions**

The tool tags each estate head against section 29(2) and 29(2A). The lawyer decides whether the dust exception is met.

- What the AI does: In a firm-controlled tool, tag each estate head as excluded. Open pain or suffering, bodily or mental harm, and curtailment of expectation of life only if section 29(2A) is met. Leave exemplary damages and future earnings excluded. 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 exemplary damages and future earnings in every case. Exclude pain or suffering, bodily or mental harm, and curtailment of expectation of life unless section 29(2A) applies.
2. Tick each section 29(2A) condition separately. All are required.
3. Keep the funeral-expenses exception in its own row.
4. The schedule is a working paper.

## Notes

- Where the act or omission caused the death, section 29(2) of the Administration and Probate Act 1958 says the estate's damages 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, shall not include damages for pain or suffering, bodily or mental harm, or curtailment of expectation of life except as section 29(2A) provides, and shall be calculated without reference to future probable earnings had the deceased survived or to loss of earning capacity after death. Section 29(2A) allows damages for pain or suffering, bodily or mental harm, and curtailment of expectation of life if the death is from a dust-related condition caused by the act or omission, and proceedings were commenced by the deceased before death and were pending at death.
- 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: Victoria: damages for the estate under Administration and Probate Act 1958 s 29

**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: Death followed a dust-related condition, but the proceeding was issued after death. The tool leaves section 29(2A) unmet because the proceeding was not commenced by the deceased and pending at death. The lawyer confirms.

**Stop and escalate when**

- The dust conditions are only partly known.
- A figure is inserted for an excluded head.

Checked 2026-10-23.

## Sources

- [Administration and Probate Act 1958 (Vic) s 29](https://classic.austlii.edu.au/au/legis/vic/consol_act/aapa1958259/s29.html) (checked 2026-10-23)
- [Wrongs Act 1958 (Vic) s 19](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s19.html) (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.*