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

# Separate a Queensland estate claim from a Part 10 dependency claim

> In a firm-controlled tool, make two columns for section 66 of the Succession Act 1981 and Part 10 of the Civil Proceedings Act 2011. Record any duty to account to the personal representative.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/separate-the-estate-s-surviving-action-from-the-dependants-action/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, make two columns for section 66 of the Succession Act 1981 and Part 10 of the Civil Proceedings Act 2011. Record any duty to account to the personal representative. |
| What the lawyer must review | Decide which head is the estate's and which belongs to the family. There are two section 66s. Use the Act named for each. A family member who recovers estate damages must account for them. |
| Written for | Queensland |
| Applies to | [Separate the estate's surviving action from the dependants' action](https://ailawframework.com/practice/personal-injury-and-compensation/separate-the-estate-s-surviving-action-from-the-dependants-action.md) |

## Checking plan

**Queensland estate and family**

The tool keeps Succession Act s 66 apart from Civil Proceedings Act Part 10. The lawyer assigns each head and any duty to account.

- What the AI does: In a firm-controlled tool, make two columns for section 66 of the Succession Act 1981 and Part 10 of the Civil Proceedings Act 2011. Record any duty to account to the personal representative.
- 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. Put surviving causes of action under Succession Act s 66(1), excluding defamation and seduction.
2. Record section 66(4): estate rights are in addition to Part 10, not in derogation of it.
3. If a family member also pursues the estate claim, row the duty to account in Civil Proceedings Act s 66.
4. Do not merge the two recoveries into one sum.

## Notes

- Section 66(1) of the Succession Act 1981 survives causes of action vested in the deceased for the estate, except defamation or seduction. Section 66(4) says those estate rights are in addition to, and not in derogation of, the dependants' rights under Part 10 of the Civil Proceedings Act 2011. The dependency proceeding is that Part. Section 66 of the Civil Proceedings Act, which is a different section 66, lets a family member who brings the Part 10 proceeding also pursue the surviving estate action, and requires that person to account to the personal representative for any amount recovered for the estate.
- 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: Succession Act 1981 s 66 and Civil Proceedings Act 2011 Part 10

**Deliverable**: A two-column table, with the accounting duty marked where a family member sues for the estate.

**Inputs**

- The draft schedule of loss
- Who is proposed as plaintiff
- The opened sections

**Example**: Illustrative example: A child is proposed as plaintiff for both the family claim and the estate claim. The tool adds a row for the duty to account under Civil Proceedings Act s 66. The lawyer decides whether that child should sue.

**Stop and escalate when**

- It is unclear which section 66 is being used.
- Estate damages would be kept by the family member.

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)

## 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.

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