---
title: "Separate the estate's surviving action from the dependants' action"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/separate-the-estate-s-surviving-action-from-the-dependants-action"
type: "task"
site: "AI Law Framework"
id: "A21-FM20261023-2"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-25"
---

# Separate the estate's surviving action from the dependants' action

> From the file, make two columns: claims vested in the deceased that the survival section may carry for the estate, and claims of the dependants for the loss caused by the death. Do not put a head of loss in both columns.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/separate-the-estate-s-surviving-action-from-the-dependants-action  
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 | From the file, make two columns: claims vested in the deceased that the survival section may carry for the estate, and claims of the dependants for the loss caused by the death. Do not put a head of loss in both columns. |
| What the lawyer must review | You decide which claim is the estate's and which is the dependants'. The same dollar is not claimed twice. The survival section and the dependency section are different statutes. Do not use one to fill a gap in the other. 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). |
| Written for / versions | 3 jurisdiction versions below |

## Checking plan

**Two claims, not one**

The tool separates the estate's surviving action from the dependants' action. The lawyer decides which heads sit in which claim.

- What the AI does: From the file, make two columns: claims vested in the deceased that the survival section may carry for the estate, and claims of the dependants for the loss caused by the death. Do not put a head of loss in both columns.
- What the lawyer does: You decide which claim is the estate's and which is the dependants'. The same dollar is not claimed twice. The survival section and the dependency section are different statutes. Do not use one to fill a gap in the other. 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).
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Put each head under the section that allows it, and leave a head blank if the opened section does not mention it.
2. Name the plaintiff for each column, and record any duty to account to the personal representative.
3. Do not move pain and suffering, future earnings or exemplary damages into the estate column unless the exception you have opened applies.
4. Keep the medical and wage records in the firm tool.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

## 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)
- [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) s 66](https://www.legislation.qld.gov.au/view/html/inforce/current/act-2011-045) (checked 2026-10-23)
- [Law Reform (Miscellaneous Provisions) Act 1944 (NSW) s 2](https://legislation.nsw.gov.au/view/html/inforce/current/act-1944-028) (checked 2026-10-23)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Apportionment of a dependency claim settlement for court approval](https://ailawframework.com/precedents/personal-injury-and-compensation/fatal-dependency-apportionment-outline.md) | Court document | Red | Outline for asking the court to direct each dependant's share of a wrongful-death settlement in Victoria, Queensland and New South Wales. The lawyer writes anything that is filed. |

Signed-in accounts can read the full text of each one.

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [New South Wales](https://ailawframework.com/practice/personal-injury-and-compensation/separate-the-estate-s-surviving-action-from-the-dependants-action/new-south-wales.md) | Yellow |
| [Victoria](https://ailawframework.com/practice/personal-injury-and-compensation/separate-the-estate-s-surviving-action-from-the-dependants-action/victoria.md) | Yellow |
| [Queensland](https://ailawframework.com/practice/personal-injury-and-compensation/separate-the-estate-s-surviving-action-from-the-dependants-action/queensland.md) | Yellow |

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