Legal advice check. Can a deceased estate pursue a dependency/survival action for historical child sex abuse in QLD?

Hey folks, throwaway account.

I’m looking for a reality check on some advice I just got from a mid-tier firm regarding a potential claim for my late mother.

My mum was a Ward of the State in QLD during the 70s and 80s. She was in a facility (Wilson Youth Hospital) that was heavily dragged in the Forde Inquiry for systemic abuse - specifically things like routine sedation, forced gynecological exams, solitary confinement, lack of education, punitive sedation to control. Real fucked stuff. Inquiry basically said it had to be shut down right away.

Mum passed away in the late 90s, and I’m looking to pursue a survival/dependency action for her estate.

The Advice: The lawyer sent a non-engagement letter that essentially said: "When a person passes away, their right to pursue a claim for damages passes with them. As such, we are unable to represent you on a no-win, no-fee basis.".

My understanding under Section 66 of the Succession Act 1981 (QLD) is that causes of action actually survive for the benefit of the estate. I know s 66(2) knocks out "pain and suffering" and "loss of expectation of life," but shouldn't things like economic loss or special damages still be on the table?

It feels like they’ve given me the flick coz they don't have the risk appetite for a complex estate matter, rather than the claim actually being legally dead.

I'm looking for some help on whether

  1. The "it passes with them" line actually accurate in QLD, or is it a polite way of saying "this is too hard for a speculative fee"?
  2. Any of you have seen successful survival actions for historical abuse where the victim is deceased?
  3. Where, when the institution was government-run and the abuse was proven in an Inquiry, that creates a different path for the estate to settle outside of a standard personal injury framework?.

I’m getting a second opinion as they suggested, but would be super-grateful knowing if I’m right to feel like this advice is a bit half-baked.

Cheers for helping.

Posted Feb 17, 2026, 3:14 AM UTC

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