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

# Separate a Victorian estate claim from a Part III dependency claim

> In a firm-controlled tool, make two columns for section 29 of the Administration and Probate Act 1958 and Part III of the Wrongs Act 1958. Do not put the same head in both columns.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/separate-the-estate-s-surviving-action-from-the-dependants-action/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, make two columns for section 29 of the Administration and Probate Act 1958 and Part III of the Wrongs Act 1958. Do not put the same head in both columns. |
| What the lawyer must review | Decide which head is the estate's and which is the dependants'. Keep section 29(2A) damages out of the Part III assessment, as section 19(1A) says. The same loss is not claimed in both columns. |
| Written for | Victoria |
| 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

**Victorian estate and dependants**

The tool keeps the Administration and Probate Act claim apart from the Wrongs Act claim. The lawyer assigns each head.

- What the AI does: In a firm-controlled tool, make two columns for section 29 of the Administration and Probate Act 1958 and Part III of the Wrongs Act 1958. Do not put the same head in both columns.
- 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. Name the estate plaintiff and the Part III plaintiff separately.
2. Leave defamation, seduction, and inducing a spouse to leave or remain apart out of the estate column.
3. Mark section 29(2A) dust damages, and any share paid to a dependant, as not taken into account under section 19(1A).
4. Do not fill a gap in one Act with a head from the other.

## Notes

- Section 29(1) of the Administration and Probate Act 1958 survives causes of action vested in the deceased for the benefit of the estate, except defamation, seduction, and inducing one spouse to leave or remain apart from the other. The dependency action is Part III of the Wrongs Act 1958, sections 16 and 17, and is for the dependants, not the estate. Section 19(1A) of the Wrongs Act says damages under section 29(2A) of the Administration and Probate Act, and any share of those damages paid or likely to be paid to a dependant, shall not be taken into account in the Part III assessment.
- 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: Administration and Probate Act 1958 s 29 and Wrongs Act 1958 Part III

**Deliverable**: A two-column table of the estate claim and the dependants' claim.

**Inputs**

- The draft schedule of loss
- The grant, if any
- The opened sections

**Example**: Illustrative example: The schedule puts the deceased's pain and suffering in the dependency column. The tool moves that row to the estate column and leaves it excluded unless section 29(2A) is met. The lawyer decides.

**Stop and escalate when**

- A head cannot be tied to either opened section.
- The same dollar is left in both columns.

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)

## 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.*